special education procedure manual
TRANSCRIPT
docs\MARS01\00001\809094.v1-8/25/14
MARSHFIELD PUBLIC SCHOOL
SPECIAL EDUCATION
PROCEDURE MANUAL
Updated 8.14
Updated 8.14
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Table of Contents
FAPE 3
Child Find 4
Early Intervention 4
Kg. Screening 5
Student Records 6
Curriculum Accommodation Plan 8
RTI 9
Referral 10
Evaluation & Assessment Procedures
Inc. SLD and Asst. Tech
11-15
Considerations for IEP’S 16-20
Defining the Roles of Team Members/Team
Meeting Procedures
21-25
IEP Development 26-31
3 Year Re-Evaluation 32
Annual Review 33
Parent/Guardian Participation 34
Request for Re-Evaluation or Independent
Evaluation
35
Finding of No Eligibility 35
Placement Meeting/Amendments/Extended
Evaluation
36
Attorney/Consultant or Advocate Invited to
Team Meeting
37
Guidelines for Coordinating with Advocates 38
Parents Response: Rejection/Failure to
Participate/Failure to Respond
38-40
Communication in Native Language 40
Services for Home/Hospital Students 41
School Discipline 41-45
Vocational Education 46
Transition Services 46-47
Progress Reports 48
Extended School Year 49-50
Private Schools 51-52
MCAS Participation 53
English Language Learners 53
E-Mail 54
Graduation 54
Summary of Performance 54-57
Considerations for Students on Autism
Spectrum
57-64
District Procedures on Bullying 65
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Appropriate Public Education (FAPE) The Special Education Department is committed to the philosophy and legal requirement to
educate all children in the least restrictive environment, maximizing regular education in a free
and appropriate setting. We will not deviate from this position as we adhere to the practice of
inclusion throughout the district and in our program development.
An appropriate education, as defined under Section 504 of the Rehabilitation Act of 1973 and
special education regulations, is the provision of regular and special education and related aids
and services that are designed to meet individual educational needs of handicapped persons as
adequately as non-handicapped persons are met. An appropriate education is based on adherence
to procedures that satisfy the requirements of appropriate state and federal laws.
The child’s program and placement shall ensure that the child is educated with children who are
not in need of special education. This shall be determined in individual TEAM meetings and
placed on the child’s IEP.
Only when supplementary aids and /or services are not appropriate, as determined at the TEAM
meeting, shall the child receive special education outside of regular education. The TEAM shall
always identify this in the IEP.
The Marshfield Public Schools will utilize collaborative services when programs and services are
not available in the town’s schools. MPSD is a member of the Pilgrim Area Collaborative and
South Shore Educational Collaborative may access any other collaborative program through it.
Non-academic and extracurricular services and activities are available to each student enrolled in
the district. These may include counseling services, athletics, transportation, health services,
recreational activities, special interest groups or clubs, referrals to agencies that provide
assistance to handicapped children, employment opportunities, and any other services, which are
within the purview of the school system
Marshfield Public Schools offers a continuum of placement options, alternative placements, and
supplementary services. The Marshfield Public Schools is committed to the provision of services
for our students within the district schools. To this end, the district reviews programs on an
annual basis, developing and/or moving services to areas where they are needed or identified. In
all cases, no student will be denied services due to budgetary issues or lack of in-district
programming.
If a TEAM determines that a student is in need of an extended school year due to the possibility
that this student is likely to demonstrate substantial regression without it, or in need of a summer
component for the same reason, the TEAM is expected to furnish the Special Education Office
with the relevant data to support this need, along with a signed IEP. Every effort should be made
to do this no later than March of the school year so that planning for a summer component can
take place
Nothing in these procedure guidelines shall limit the rights of private/parochial/other students
from receiving the same free and appropriate educational services that any special education
student enrolled would receive. These services shall be provided within the school district.
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Child Find
Parents of school age children, who are concerned about their child’s development, may contact
the office of the school for the grade their child attends or would attend or the Special Education
Office at (781) 834-5000 x 40114, to request a screening or an evaluation as early as two and
one-half years old. This includes children attending private school at parent expense. All
children are screened the first month of their Kindergarten year. Local physicians, daycare
providers, Plymouth Area Coalition for the Homeless and preschools in Marshfield are
encouraged to assist the Marshfield Public Schools in finding eligible students. Additionally, the
Marshfield Public Schools will place “Child Find” ads in local newspapers, school newsletters
and provide information to the Community Partnership Members.
Early Intervention
Referrals for screening and evaluations by the Preschool TEAM are received from parents either
independently or with the support of Early Intervention Staff, community preschool programs,
pediatricians, and/or community human services programs. The Marshfield Public Schools will
place “Child Find” ads in local newspapers and provide information to the Community
Partnership Members and other care providers.
When a screening is requested, an initial meeting/screening is scheduled with the parent in order
to collect further developmental information. Parents receive a package of material describing
the screening and referral process at the screening appointment. At that time, parents are asked to
complete questionnaires regarding their child’s development. Additional observations, medical
information, early intervention provider and caregiver interviews may also be scheduled. The
Early Childhood Coordinator reviews all pertinent information and a determination is made
regarding the need for evaluation.
IDEA 2004
IEP Team transition:
Parents of a child transitioning from Part C services (early childhood) to
Part B services (school-age) can request an invitation to the initial IEP
meeting be sent to representatives of the Part C system to assist with a
smooth transition of services.
The Preschool TEAM, including an occupational therapist, physical therapist, speech therapist,
and a preschool teacher determines with the parent what the evaluation will include. After
appropriate notification to the parent and receipt of parental consent, an initial evaluation is
conducted. Assessments of young children are both formal and informal. Marshfield Public
Schools evaluates children as young as two years nine months old. The evaluation TEAM makes
every attempt to ensure that if the child is found eligible, special education services begin
promptly at three years of age.
The evaluation of a two, three or four year old should include assessments in all areas related to
suspected disability and an observation of the child in a natural environment by an educator
qualified in observing and interpreting early childhood development. For children who are
receiving service in Early Intervention, assessments from their service providers may be
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considered by the TEAM. However, the Marshfield Public Schools reserves the right to conduct
their own evaluation in the determination of eligibility for school-based services.
Tests and other evaluation material for young children must be selected and administered so as
not to be discriminatory on a racial or cultural basis. These must be provided in the child’s native
language or other mode of communication unless it is clearly not feasible to do so. Materials and
procedures used to assess a child with limited English proficiency must be selected and
administered to ensure that they measure the extent to which a child has a disability and needs
special education and not the child’s English language.
A variety of assessment tools and strategies must be used to gather relevant functional and
developmental information about the child, including information provided by the parent and
information related to enabling the child to participate in appropriate activities. Tests and other
assessment tools must include those tailored to assess the specific area of alleged educational
need. Tests must also be selected to ensure that if a test is administered to a child with impaired
sensory, manual or speaking skills, the test must accurately reflect the child’s aptitude or
achievement level rather than reflect the impairment. No single measure may be used to
determine eligibility.
Kindergarten Screening In September of each year, notice is placed in newsletters and in local newspapers to
advertise the screening of five year olds. Parents who have chosen not to send their children to
kindergarten or send their children to private kindergartens may also have their children screened
at this time. The Screening TEAM may include a psychologist, a kindergarten educator and a
speech therapist. The Early Screening Inventory (ESI) is one assessment used along with a
developmental checklist completed by the classroom teacher and a parent/guardian. The staff
gathers all screening results and reports them to the kindergarten staff, building administration
and Administrator of Special Education. Within two weeks of the screening, Screening
TEAMs meet with Kindergarten Teachers to go over the screening results. At that meeting,
students who may require further evaluation are identified and referred, if appropriate. More
often, some children are determined to be developmentally appropriate while others may show
slight delays in development on the screening instruments and will be rescreened mid-year to
see if there are any concerns at that time. A research based developmental screening may be
one of the tools used for rescreening. Parents are notified of the results of the screening and
may request a meeting with school staff to answer questions or concerns. Parents of children in
need of further evaluation are notified of such need and provided with information on the
evaluation process and consent to evaluate forms.
Confidentiality
Each staff member working with students is expected to maintain a high level of confidentiality
regarding information received from reviewing a students’ records, attending TEAM meetings or
discussing a student’s strength and weaknesses with teaching staff. Parents entrust Marshfield
staff with personal information about their child, their family history, and their fears and hopes
for their child’s future. We respect this privileged information and guard it
carefully. Confidentiality extends to all staff, professional and non-professional, and must be
maintained both in and out of school settings.
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General Information Regarding Student Records
Record of Access
A log of access will be maintained at the front of each student record file, stapled to the inside
cover. It will contain all the information required from the student records regulations. If you
maintain separate records; be sure to maintain logs for each record. Staff that has direct contact
with the child (teachers, counselors, etc.) need not sign this log to review or otherwise use the
files.
The student record consists of the child’s transcript and temporary record and includes, among
other things, record of the student’s special education eligibility or program. There are several
rights relating to the student’s record. Parents, and under certain circumstances, the child have a
right to inspect and review any and all records relating to the student which are collected,
maintained, or used by the school district. If the child’s record includes information regarding
another child, the parents have a right to inspect or review only the information relating to their
child. The school district will only limit parents’ access to the student records if the school
district has received legal documentation that limits a parent’s authority in this regard (for
example, a divorce or custody decree that limits a parent’s access to information about his/her
child). All the rights associated with the student records are contained in Massachusetts State
Regulations at 603 CMR 23.00 and Laws.
Fees
Fees charged for reproducing records must be reasonable. In any case, do not exceed the cost of
reproduction and be sure to follow any other guidelines mentioned in the Parent’s Rights
Brochure. However, parents are not charged a fee for copies if to do so would effectively
prevent the parents from exercising their right to inspect and review the records.
The Student’s Right of Access
Students who are 14 years old or in the ninth grade have all the rights that parents have under the
Student Record Regulations. If a student is from 14 through 17 years old or has entered ninth
grade, both the student and his/her parents, acting alone or together, may exercise these rights.
Once the student turns 18, the rights accorded parents under Student Record Regulations, become
those of the student. However, parents may continue to exercise those rights unless the
student makes a written request to the Principal or Superintendent to prevent them from doing so.
Should the child make such a request, parents will not retain the right to review his/her records.
Review of the Student Record
If the parents ask to review the student record, the school must allow them access without any
unnecessary delay and, in any event, no later than ten (10) school days after their request, unless
parents have agreed to a longer period of time. Parents’ right to inspect or review the student’s
record include the right to do so before any meeting regarding an IEP or due process hearing
relating to the identification, evaluation or program placement of their child. Parent’s right to
inspect and review student records include the right to:
A) Obtain copies of any information included in the record upon request.
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B) Meet with qualified school personnel to have the student’s record
interpreted.
C) Have a representative inspect, review and interpret their child’s record
upon receipt of written request.
Access to the Student Record
The school district is required to keep a record of all parties who have inspected, reviewed or had
access to a student’s record. This log does not apply to Marshfield Public School employees who
are working with this child. Logs are to be stapled to the front of the student’s file folder for easy
access.
Changing Information in the Student Record
Parents/guardians have the right to add information, comments or data to the student record.
Parents/guardians may request that their child’s record be amended. This request should always
be in writing to the School Principal, identifying the item or items specifically. If the request is to
change information inserted by a TEAM meeting, the request cannot be honored until either the
IEP is accepted OR the appeals process is exhausted (if the IEP is rejected). The School Principal
shall meet with the parent or student (if 18) and ascertain the need for amending the record.
Then, within one school week after receiving this in writing, the Principal shall inform the parent
in writing of the action taken, or if the request is turned down, the reasons for not honoring the
request. Be sure to send a copy of all correspondence to the Administrator of Special Education.
Should the request be denied, the parent or student has a right to appeal to the Superintendent of
Schools. The Superintendent will render a written decision to the parent or student.
Consent to Release Information
Except for non-personally identifiable information, no information shall be released from a
student record to a third party unless agreed to in writing by the parent/guardian or student over
18. Any third party or agency working with the family should normally provide a
release of information form signed by a parent before information is released to them. A written
Consent Form should always be used to gain permission to release information on a student.
Unless the Principal has been provided a copy of a court order denying parental access to
information, both parents have a right to access information on their child. Unless parents make
the school aware that information must be sent to two addresses (in cases of divorce, etc.), the
school shall only be obligated to send information to the addresses listed on student records. A
school district may not release information from education records to participating agencies
without parental consent. This includes but is not limited toDCF, DMR, DMH, and Mass. Rehab,
advocates, doctors and others.
Safeguards
When in doubt, don’t release information. Check first with the Administrator of Special
Education and/or the Assistant Superintendent’s Office. Principals must brief staff yearly as to
the rules for safeguarding information in student records. The School Principal is responsible for
insuring that the student records are maintained in a confidential manner, and for briefing all
building staff on the regulations. Employees should not have access to all student records but
only those records, which apply directly to students they are servicing. The student schedule is a
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good list of those staff that should be allowed access, in addition to administrators and
counselors.
Destruction of Information
Special Education records will follow the student through the grades. There is no need for
teachers to keep records on students after the student moves to the next grade or teacher. Once
the student graduates from high school or turns age twenty-two, the student’s file will be
maintained for seven years UNLESS the child’s program is federally funded and undergoing an
audit, in which case the child’s file (especially the IEP) will be maintained until the audit is
ended, and all appeals have been satisfied. The entire audit process should be resolved before
these student files are destroyed. No Special Education student files should be destroyed
BEFORE the seven year period. The District issues public notice of intent to destroy the files of
all students on a yearly basis, after retention for two years. Parents are given the opportunity to
retain their child’s file at this time. The Central Office will publicize its intent to destroy records
held for seven years. The Guidance Office at the high school keeps non-special education records
such as the student’s school transcript for sixty years. However, a permanent record of a
student‘s name, address, and phone number, his or her grades, attendance record, classes
attended, grade level completed, and year completed may be maintained without time limitation.
Records for children in parochial/private/other schools shall not be the responsibility of the
school Principal, the Central Office, or any other school official, unless there has been some
special arrangement for placement of that child at that school. Each case shall be worked
out separately. Normally, the schools maintain all students’ records at the agricultural
schools and vocational-technical schools.
Student Experiences Difficulty in School
When a student experiences difficulty in learning, or there are emotional or social concerns,
medical or health related or behavioral issues, a parent may follow one of three avenues as listed
below.
Curriculum Accommodation Plan
If a student experiences difficulty in the regular education setting, “the Principal shall implement
the Curriculum Accommodation Plan adopted by the district and required under M.G.L., c.71,
§38Q.
Such plan shall detail efforts that have been made or will be made to meet the needs of diverse
learners in the general education program. As part of his/her responsibilities, the Principal shall
promote instructional practices responsive to student needs and shall ensure that adequate
instructional support is available for students and teachers. Instructional support shall include
remedial instruction for students, consultative services for teachers, availability of reading
instruction at the elementary level, appropriate services for linguistic minority students, and other
services consistent with effective educational practices and requirements of M.G.L., c.71B, §2.
The Principal may consult with the Administrator of Special Education regarding
accommodations or interventions for students.
Such efforts and their results shall be documented and placed in the student record.
Additionally, if an individual student is referred for an evaluation to determine eligibility for
special education, the Principal shall ensure documentation on the use of instructional support
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services provided through a Curriculum Accommodation Plan or RTI for the student is
provided as part of the evaluation information reviewed by the TEAM when determining
“eligibility”.
STAT/RTI TEAMS
The STAT/RTI TEAM provides support to teachers as they develop alternatives for students
experiencing difficulty (behavioral, social or academic) in the general education classroom. The
TEAM is school based and uses a collaborative problem-solving approach. When a teacher is
seeking assistance regarding a student or students who are experiencing difficulty in his/her
classroom, they should submit a STAT/RTI Meeting Request Form to their Principal.
All STAT/RTI TEAM documentation will be compiled and maintained in the student file. This
documentation will become part of the referral packet submitted to the Special Education TEAM
should a referral for evaluation become necessary.
IDEA requires that no instructional support program or any other intervention limit the right of a
parent to refer his/her child for a special education evaluation. However, if a referral for a
special education evaluation has been made and the district has asked for and received parental
consent for an evaluation, then evaluation information from any instructional support program
should be made available to the Special Education TEAM to consider when determining if the
student is eligible for special education services.
RESPONSE TO INTERVENTION
Yes, yet another set of letters to add to your alphabet soup maze! RTI, or Response to
Intervention, refers to a model designed to assure that all students have access to scientifically-
based instruction and a system of positive behavior supports within general education.
What RTI Is…
According to the National Association of State Directors of Special Education:
RTI is the practice of:
(1) providing high-quality instruction/intervention matched to student needs and
(2) using learning rates over time and level of performance to
(3) make important educational decisions (NASDSE, 2006).
This model is a general education problem-solving practice designed to assess and
support students who are having difficulty learning. RTI stems from language found in
No Child Left Behind (NCLB) and from the 2004 reauthorization of IDEA that focuses
on improving academic achievement by using scientifically-based instructional practices.
Unofficially, the theory is that most children are in special education because they have
reading problems. Over the years, education and government officials have questioned
whether those children have true learning disabilities or have suffered from lack of good
instruction in reading. In theory, if reading instruction within general education could be
improved, then the number of students identified as needing special education services
might be reduced.
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NASDSE identified the following core principles of RTI:
• all children can be effectively taught
• intervention must occur early using a multi-tier model of service delivery
• a problem-solving methodology must be used to identify appropriate interventions
• interventions must be research-based and scientifically-validated
• student progress is monitored in order to inform instruction
• student progress data informs decisions about programming and service delivery
• assessment is used to screen and diagnose potential learning problems by assessing
specific skills embedded in school standards, and to monitor progress made by students
Again, these are principles that are applied PRIOR to referral to special education and to
assure that the need for special education services is not a result of inadequate instruction.
RTI cannot be used as a reason to stall or prevent a referral for special education. principles of
RTI in the classroom. A term that is frequently used in RTI discussions, and is a basic
component of the program, is “progress-monitoring”. Progress monitoring involves the use of
frequent probes (daily, weekly) to monitor the progress that a student is making AND, when
necessary, to use the performance information to adjust the strategies, accommodations, and
instruction to assure that the student is making appropriate learning gains. While it is primarily
academic progress that is monitored, the adjustments that can be made to improve learning
include positive behavioral supports also.
Referral
Once the STAT/RTI TEAM has determined that all regular education interventions have been
exhausted and that the student is still experiencing difficulty in academic, behavioral or social-
emotional areas, a Referral for a TEAM Evaluation may be submitted to the Principal or Special
Education Building Coordinator. The STAT/RTI TEAM referral should include all relevant
information about pre-referral activities. Include documentation of parent involvement in the
determination to refer the student, interventions that have been attempted and their effectiveness.
A student may be referred for an evaluation by a parent, a caregiver, a physician, STAT/RTI
TEAM or other party. The following procedures are required by 603 CMR 28.04 regarding
referral:
a) When a student is referred for an evaluation to determine eligibility for special
education, the school district shall send written notice to the child’s parent/guardian
within five days of the receipt of the referral. Referrals may be in writing or
given orally. In any case, document the referral and send written notice. Written
notice should be given in the primary language of the parent/guardian.
b) The notice required by 603 CMR 28.04 shall meet all of the content requirements
set forth in MGL c. 71B, Sec 3 and in federal law and shall seek the consent of the
parent for the evaluation to occur, and provide the parent with the opportunity to
express any concerns or provide information on the student’s skills or abilities.
c) The school TEAM should provide the student’s parent/guardian with the
opportunity to consult with the Administrator of Special Education or her designee
to discuss the reasons for the referral, content of the proposed evaluation, and
evaluators used.
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Parent Request for an Initial Evaluation
When a student is referred for an evaluation by his/her parent, this request is sent immediately to
the Principal and/or Building Coordinator for action. The school district is responsible to respond
to the parent’s request within 5 school days. The Administrator of Special Education or her
designee will, with input from the student’s teachers and other professionals, determine what
assessments will be recommended and seek consent of the parent for an evaluation as well as
provide the parent the opportunity to express any concerns, provide information on the student’s
skills or abilities and/or meet to discuss the evaluation.
The Principal of Building will assign a Special Education Liaison to manage the distribution of
notification and assessment in each building. Notification of the referral is sent home with
consent for the parent to sign. When the signed consent is received, all evaluators are notified by
the Liaison of the receipt of the consent and the timeline. The Building Coordinator logs receipt
of the consent to evaluate and the timeline for the evaluation to be completed is established: thirty
days from receipt of the parental consent. The IEP must be completed within forty-five days. A
copy of the completed evaluation report must be presented to the parent/guardian two days before
the TEAM meeting.
Informed Consent for an Initial Evaluation
Within five days of the receipt of the referral request, parents/guardians of a student referred for
an initial evaluation will receive notice of the School Department’s intent to evaluate their child
from the assigned Liaison. A Parent’s Rights Brochure will accompany the notice and consent
form. A parent may waive any of the specific assessments requested by the TEAM. The Liaison
assigned should have a waiver form completed and signed if this is the case. Upon receipt of the
parent’s/guardians signed consent to evaluate their child, the Liaison will notify the evaluator(s),
set the timeline and set a date for the TEAM meeting. No assessments may begin until
parental/guardian consent is received.
Assessment and Evaluation
State and federal law require evaluation of all areas related to the suspected disability. The
evaluation should be comprehensive and child driven. No single procedure should be used as the
sole criterion for determining eligibility. The STAT/RTI TEAM or Special Education TEAM
with input from the parent determines the questions (see form in Appendix) to be answered by the
evaluation. The Marshfield Public Schools uses a variety of assessment techniques and
instruments to guarantee that the TEAM will have an understanding of the student’s suspected
disability and its effect on the child’s ability to make progress in school. Evaluation may include
formal and informal assessments. Under some circumstances, a TEAM may request that the
Marshfield Public Schools contract with an outside agency or evaluator to assist in an evaluation.
In most cases, however, the school-based TEAM completes the assessments.
The intent of a TEAM approach in evaluation is to ensure that a comprehensive picture of how a
student functions within a school environment will emerge. No individual assessment or assessor
may determine eligibility for special education services.
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End of School Year Evaluation When a referral for evaluation is received with less than 30 school days remaining in the school
year, every effort will be made to complete the evaluation and hold a TEAM meeting prior to the
end of school. If it is not possible to complete the evaluation, it will be completed at the
beginning of the next school year in adherence with all state and federal timeline requirements.
In some cased, at the request of the TEAM, evaluation may be completed during the summer
Months with a TEAM meeting held the first or second week of school. Once eligibility for
Special educational services is determined, the IEP will be developed and placement will be
determined.
The Components of an Evaluation The following assessments are required as a part of an evaluation:
1. An assessment in all areas related to the suspected disability.
2. An Educational Assessment which includes:
a. History of student’s progress in general education curriculum.
b. At least one teacher’s assessment in the area of curriculum conducted by
a teacher with current knowledge regarding the Massachusetts
Curriculum Frameworks.
3. Optional Assessments: The Administrator of Special Education or the Special
Education TEAM may recommend or the parent may request an assessment in
one or more of the following areas:
a. A comprehensive Health Assessment by a physician that identifies
medical problems or constraints that may affect the student’s education.
The School Nurse may add additional relevant information from the
student’s health records.
b. A Psychological Assessment
c. A Home Assessment that includes the student’s developmental history
and other pertinent family information.
Each person conducting an evaluation shall summarize in writing the following:
1. The procedures employed
2. The results
3. Their diagnostic impressions
4. Their determination of student’s needs and specific services
5. Recommendations to meet those needs.
These summaries shall be made available upon request to the parent, at least two days before the
TEAM meeting.
General Tips for Completing “Comprehensive
and Appropriate” School Evaluations
Utilize state of the art research-based and current evaluation tools.
Provide sufficient data (subtest scores, percentiles, stanine scores, etc.).
Explain results in easy to understand language. Do not include excessive jargon.
Relate evaluation results to student’s needs within a school program: do not simply defer
to TEAM recommendations to be developed at the TEAM meeting.
As appropriate, include items such as family history, developmental history, milestones,
parents’ impressions, teachers’ impressions, and therapists’ impressions.
Provide a brief review of prior evaluation results.
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Consider the services and information referenced in the current IEP.
State whether the assessment can be deemed to be reliable (consider any behavioral,
attention, medical issues interfering with students’ performance).
Read other evaluations, including independent evaluations, and where appropriate, agree
or disagree with these assessments.
Avoid writing a report that is too short or too long. Strive to be sufficiently thorough and
concise at the same time.
When possible include examples from the actual testing (i.e., include a language sample,
an answer on a projective test, a difficult item that was correctly completed by the
student).
Write a good summary. Most people read the summary first.
Do not use boilerplate formats. Such practices are usually discovered and the evaluator
will be immediately discredited.
Make sure that parents receive evaluation reports two days before the TEAM meeting.
Be sure to include carefully chosen excerpts from the current evaluations in the proposed
IEP, or to justify a finding of no special needs.
Remember that school evaluators are educational experts and are well qualified to
defend their assessments.
When a TEAM Suspects a Specific Learning Disability (SLD)
When a TEAM suspects a specific learning disability, a cognitive evaluation by the Psychologist
should
be part of the evaluation. Assessments in academic achievement in suspected disability such as
Reading, Math and Written Language should be included. All previously recorded STAT/RTI
interventions and standardized tests should be reviewed. Processing assessments should be given
to help determine relative strengths and weaknesses in differing modalities. Someone other than
the child’s teacher must observe the student. A TEAM Report must be included as part of the
evaluation. There are specific criteria used to determine the existence of a specific learning
disability: Marshfield Schools employs RTI as the first method of intervention to establish the
students SLD is not a result of inadequate instruction or lack of instruction. Data reflecting
research-based interventions should be part of the evaluation procedures along with additional
testing in the suspected area of need.
1. The achievement is determined not to be commensurate with the age and ability
of the student.
2. A severe discrepancy exists between intellectual ability and achievement in one
or more areas may be considered:
a) oral expression
b) written expression
c) basic reading skill and reading comprehension
d) mathematics calculation and reasoning
3. The severe discrepancy is not resulting from visual hearing or motor impairment,
mental retardation, emotional disturbance, or environmental, cultural or
economic disadvantage.
4. ALL SLD forms required by DESE must be completed
Evidence of and discussions of these criteria are documented in the TEAM Report.
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Special Educator Assessment
The Special Educator may perform formal and informal assessments as well as an observation.
The Special Educator’s assessment usually includes achievement testing in Math, Reading, and/or
Written Language. This depends on the curriculum area identified by the teacher as particularly
difficult for this student. An observation of learning behaviors or social skills is considered and
completed. In addition, the special educator will need to utilize various assessments to determine
the student’s learning style. The evaluating TEAM will determine how the assessments will be
conducted. The Speech and Language Therapist, the Psychologist, the Reading Specialist as well
as the Special Educator, may all contribute to the understanding of the student’s ability to process
information.
Educational History
The evaluation TEAM will assign a member to review the chronology of the student’s school
experience in Marshfield and elsewhere, and document this information on the Educational
History Assessment Form.
Educational Assessment
At least one of the student’s regular education teachers must complete an evaluation of the
student. However, all teachers of a student who has been referred for an evaluation should been
encouraged to complete an Educational Assessment.
Related Services Assessments
Related services are transportation and such developmental, corrective and other supportive
services that are required to assist a child with a disability to benefit from special education.
Some related services are defined by Massachusetts as special education. This is determined
based on the unique and individual needs of the child. The following is a listing of such services:
Speech and Language A Speech and Language Therapist administers an assessment focusing on language development,
specifically, articulation, phonological disorders, specific language impairment and fluency. The
therapist may also determine current performance in areas related to the regular education
curriculum: listening, speaking, reading and writing, as well as pragmatics.
Occupational Therapy An Occupational Therapy Assessment is administered by a Licensed Occupational Therapist
(OTR). Formal and informal testing procedures address the student’s performance in a regular
classroom. Performance components, which are assessed, include sensory processing, upper
extremity coordination and perceptual and visual motor skills.
Physical Therapy The Physical Therapy Assessment is administered by a licensed Physical Therapist. This
assessment includes a classroom observation as well as independently administered testing
procedures. These procedures may assess one or more of the following: range of motion, muscle
strength, muscle tone, reflex integration, posture, endurance, gait, functional skills and gross
motor skills. The evaluation determines if the student can safely navigate the school
environment and participate in all elements of the school program.
Health Assessment When a Health Assessment is included as part of a TEAM evaluation, the following should be
typed in under “Assessment in ALL areas of related disability”:
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Will you be using your family physician__yes__no
If yes, may we have his/her Name and address
Name:
Address:
If the parent indicates “no”, the Marshfield Public Schools Physician, Dr. McManus, will give the
student a physical. The School Nurse will arrange it after being notified by the TEAM of the
need for such assessment.
The School Nurse is responsible for following up on the Health Assessment. The School Nurse
should determine if it is appropriate to receive a release to communicate directly with the
physician or other health care provider.
Assistive Technology
When a TEAM is considering whether specific technology will be required in order to assist a
student access the general education curriculum or participate more fully in the school day, the
TEAM may an assistive technology evaluation. In most cases, members of the student’s
Evaluation TEAM will collaborate on this evaluation. This evaluation may include input from
the Special Educator, a Regular Educator, the Speech and Language Therapist, the Occupational
Therapist, the Physical Therapist, or the Technology Integration Specialist, to name a few.
Occasionally, the evaluation TEAM may feel that there is more technological expertise required
for the evaluation than they have immediately available to them. In that case, a request is made
to the Administrator of Special Education for an Assistive Technology Evaluation to be
contracted. The Administrator of Special Education will assist the Evaluation TEAM in making
the determination as to the evaluator or agency to complete such an evaluation.
Developmental History
The parent completes the developmental history with the assistance of the Guidance Counselor,
Adjustment Counselor or School Psychologist, when the TEAM or the parent feels it should be a
part of the evaluation. The parent may choose to not have elements of the developmental history
included in the final report. This is entirely up to the discretion of the parent and
counselor/psychologist.
Other Assessments Other assessments may be recommended by the TEAM and must be approved by the
Administrator of Special Education. These may include but are not limited to: vision, hearing,
behavior, audiological, neuropsychological, psychiatric, neurological, orientation and mobility,
etc.
When is a Psychological Evaluation Recommended?
1. Most initial evaluations that occur after a child is nine years old will include a
Psychological Evaluation.
2. All evaluations to determine eligibility based on a discrepancy between
achievement and ability (when the TEAM suspects a specific learning disability)
will include data from RTI interventions and if required a Psychological
Evaluation.
3. If a child has a suspected emotional disturbance, the TEAM will need a
Psychological Evaluation.
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4. If a TEAM will be changing the disability category, the TEAM will need a
Psychological Evaluation.
5. If the circumstances under which the initial Psychological Evaluation was given
have changed dramatically, for example neurological damage is suspected, a
child is now on medication but was not when first tested, the child was bilingual
and his/her English has improved greatly, a new Psychological Evaluation should
be given.
6. When a child has been determined to be developmentally delayed and will be
turning 9 years old, a Psychological Evaluation should be part of the evaluation.
Outside Evaluations
At the request of the parent/guardian, other evaluations may be considered. Records from
previous evaluations or other schools should be gathered. The TEAM Chairperson should ask
the parent to sign a release form for other providers to confer with the school’s TEAM. In the
case of a parent/guardian requesting an Independent Educational Evaluation (IEE), they can
request such an evalaution in writing or verbally. The Administrator of Special Education must
be notified
immediately of such request. Parents/Guardians will be asked to provide income information in
relation to payment for such requested evaluation.
Waiving Assessments
In order to avoid unnecessary or excessive testing, a TEAM Liaison may ask a parent/guardian to
waive certain redundant or other assessments that are not needed either to write the educational
plan or determine eligibility. All waivers should be in writing and signed by the parent/guardian
(See Appendix for Request for Waiver of Assessments).
Written Reports Many specialists have developed their own format for preparing their written evaluations. The
Format may vary but should always include:
Student’s Name: D.O.B.:
School: Grade:
Testing Date(s): Evaluator:
Reason for Referral:
Behavioral Observations during testing:
Assessments used:
Description of what the Assessment evaluates:
Results of Assessments:
Learning Style/Processing Strengths and Weaknesses:
Academic Achievement Results:
Summary and Recommendations: (Always include recommendations. Do not state that
Recommendations will be made at the TEAM meeting). The report must be made available to
parents at least two days before the TEAM meeting.
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Considerations for IEP’s: Procedures for Considerations for Students with a Disability on the Autism Spectrum
Whenever an evaluation indicates that a child has a disability on the autism spectrum, which
includes autistic disorder [autism], Asperger's disorder, pervasive developmental disorder not
otherwise specified, childhood disintegrative disorder, and Rhett's Syndrome as defined in the
Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV, 2000),
DSM-5 changes 2013
The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) which was
published in May 2013 canceled Asperger's disorder as a separate diagnosis and homogenized it
under autism spectrum disorder, with severity measures within the broader diagnosis.[33][34]
The
DSM 5 noted that "Individuals with a well-established DSM-IV diagnosis of" "Asperger’s
disorder" "should be given the diagnosis of autism spectrum disorder."[35]
The DSM 5 diagnostic criteria for Autism Spectrum Disorder states
"A. Persistent deficits in social communication and social interaction across multiple contexts, as
manifested by the following, currently or by history (examples are illustrative, not exhaustive; see
text): Deficits in social-emotional reciprocity, ranging, for example, from abnormal social
approach and failure of normal back-and-forth conversation; to reduced sharing of interests,
emotions, or affect; to failure to initiate or respond to social interactions.
Deficits in nonverbal communicative behaviors used for social interaction, ranging, for example,
from poorly integrated verbal and nonverbal communication; to abnormalities in eye contact and
body language or deficits in understanding and use of gestures; to a total lack of facial
expressions and nonverbal communication.
Deficits in developing, maintaining, and understanding relationships, ranging, for example, from
difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative
play or making friends; to absence of interest in peers."
"B. Restricted, repetitive patterns of behavior, interests, or activities, as manifested by at least two
of the following, currently or by history (examples are illustrative, not exhaustive; see text):
Stereotyped or repetitive motor movements, use of objects, or speech (e.g., simple motor
stereotypies, lining up toys or flipping objects, echolalia, idiosyncratic phrases). Insistence on
sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior
(e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns,
greeting rituals, need to take same route or eat same food every day).
Highly restricted, fixated interests that are abnormal in intensity or focus (e.g., strong attachment
to or preoccupation with unusual objects, excessively circumscribed or perseverative interests).
Hyper- or hyporeactivity to sensory input or unusual interest in sensory aspects of the
environment (e.g., apparent indifference to pain/temperature, adverse response to specific sounds
or textures, excessive smelling or touching of objects, visual fascination with lights or
movement).
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Symptoms must be present in the early developmental period (but may not become fully manifest
until social demands exceed limited capacities, or may be masked by learned strategies in later
life). Symptoms cause clinically significant impairment in social, occupational, or other important
areas of current functioning. These disturbances are not better explained by intellectual disability
(intellectual developmental disorder) or global developmental delay. Intellectual disability and
autism spectrum disorder frequently co-occur; to make comorbid diagnoses of autism spectrum
disorder and intellectual disability, social communication should be below that expected for
general developmental level."
The diagnosis is broken down into 3 levels of severity.[35]
The removal of Asperger's Disorder from the DSM has been controversial as it is commonly used
by health insurers, researchers, state agencies, schools, and individuals with the disorder.[33]
Experts are concerned that eliminating the Asperger’s label will prevent mildly affected people
from being evaluated for Autism.[33]
A meta-analysis of 14 studies published The Columbia
University school of nursing in early 2014 showed that while there was a pooled 30% decrease in
Autism Spectrum Disorder diagnoses following the publication of the DSM 5 the pooled decrease
in Asperger's Disorder diagnosis was not statistically significant.[34]
the Special Education Evaluation TEAM shall consider and shall specifically address the
following:
A. the verbal and nonverbal communication needs of the child;
B. the need to develop social interaction skills and proficiencies;
C. the needs resulting from the child's unusual responses to sensory experiences;
D. the needs resulting from resistance to environmental change or change in daily
routines;
E. the needs resulting from engagement in repetitive activities and stereotyped
movements;
F. the need for any positive behavioral interventions, strategies, and supports to
address any behavioral difficulties resulting from autism spectrum disorder;
G. Other needs resulting from the child's disability that impact progress in the
general curriculum, including social and emotional development
The verbal and nonverbal communication needs of the student
Impairment in communication is one of the defining characteristics of Autism Spectrum Disorder
(ASD); therefore communication skill development should be addressed as an essential piece of
the student's IEP. When considering the verbal and nonverbal communication needs of a student
with ASD, the Team should review:
the student's current level of communication,
the system of communication most effective for the student,
the functions for which the student uses and understands language,
the student's ability to use and understand non-verbal communication (e.g., eye gaze,
facial expression, gesture), and any emerging communication skills reported by the
family or other TEAM members.
The IEP must include information about the student's current strengths with communication
modalities, skills that need further development and the specific supports and interventions
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necessary to increase the student's ability to effectively communicate and understand others.
Alternative augmentative communication (AAC) is often effective for students with ASD who are
non-verbal. AAC can be used in lieu of, or in combination with, oral communication. There are
many products on the market that support AAC including picture communication products, book
boards, and touch devices. Assistive technology assessments are useful for determining whether a
student would benefit from using an AAC system. When evaluating a student with ASD, the
instrument must be appropriate to the student's modality of communication (e.g., using non-
verbal scales for students who do not use oral communication).
The need to develop social interaction skills and proficiencies
In the most severe expression of qualitative impairments in this area, a student with ASD may
seem distant or avoidant when it comes to social interactions, even those with immediate family
members. In the least severe cases, s/he may appear to frequently misunderstand the social
situation and/or be unable to maintain a conversation on a subject other than his/her high interest
topics. A young student with ASD may have a lack of variation in spontaneous or social imitative
play, or may have unusual play with toys (e.g. lining up video cases end to end). When examining
a student with ASD needs in the area of social skill development, the Team should consider:
the student's ability to respond appropriately to the social approach of others,
the types of social interactions the student is capable of initiating,
the student's pragmatic language skills, and
Anecdotal information about the student's abilities within small and large group settings
and in typical activities for students of that age.
For students with ASD, social interaction skills are largely associated with the ability to
communicate within a situation. The IEP Team should determine if a social impairment is the
result of a language deficit. Impairments in social interaction may be mistaken for behavior
problems in students with ASD. A functional assessment is useful for identifying factors that
affect the student's social proficiencies. Where behavior plans are warranted, they should include
the teaching of new social skills to prevent the occurrence of inappropriate behaviors serving a
similar function.
Progress in social skill development is a likely focus within the IEP of every student with ASD.
Social skills instruction should be at the student's skill level and appropriate for his/her age (e.g.,
"pull out" instruction in high school may be stigmatizing to the student). Collecting and analyzing
data on the student's social proficiencies will assist in the development of his/her IEP goals.
The needs resulting from the student's unusual responses to sensory experiences
The IEP Team should consider whether a student with ASD exhibits under- or over-sensitivity to
particular stimuli. The following questions may be helpful in addressing this area:
Tactile: Does the student with ASD demonstrate a lack of awareness to his/her body in
space, and/or a need for a higher level of input in tactile experiences? For
example, does s/he "crash" into the playground fence during a running game or
regularly "bump" into peers in line? Conversely, does s/he become loud and
upset when presented with play dough or a mixed-texture food item, or wear
only "tagless" clothing?
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Visual: Is the student's eye gaze avoidant of, or fixated on, particular sights? For
instance, is s/he drawn to certain objects, such as a shiny item of clothing,
needing to stare at or touch it? Does s/he avoid looking at a particular sight, for
instance the flickering of a video screen? Or, do certain visual stimuli excite
him/her to increase their movement (e.g., jump or run) or cause a fear response?
Sound: How does the student with ASD respond to auditory events? Does s/he have
significant responses to sound volume, pitch, tone or intensity that others may
not hear (e.g., the hum of fluorescent lighting)? Does s/he appear deaf because
of a lack of response to loud noises or the calling of his/her name? Do loud or
quiet sounds, echoes, or a particular pitch enthrall or bother him/her?
Smell/ Taste: Does the student with ASD respond in an atypical fashion to olfactory events or
tastes? Does s/he have significant responses to environmental smells or tastes
that interfere with appropriate activities and focus in the educational
environment? Does s/he smell or taste objects in the environment with unusual
frequency or in unusual circumstances? Do certain smells or tastes upset the
student with an ASD or appear to cause him/her to act in an unusual fashion
(e.g. becoming loud or upset when a teacher wears a certain perfume?)
Proprioceptive: is one of the human senses. There are between nine and 21 in all, depending on
which sense researcher you ask. Rather than sensing external reality,
proprioception is the sense of the orientation of one's limbs in space. This is
distinct from the sense of balance, which derives from the fluids in the inner
ear, and is called equilibrioception.
The Team should consider all elements of the student's environment and note any specific
environmental modifications or accommodations that are necessary for participation and effective
progress in the general education curriculum.
The needs resulting from resistance to environmental change or change in daily routines
Students with ASD often have unusual or intense responses to a change in their environment such
as moving the location of a piece of classroom furniture, or a change in daily routine even when
part of a familiar schedule. Preparing for transition with visual supports, timers and verbal
reminders often helps to ease the student’s transition and promote greater success, flexibility, and
independence. Visual supports are evidence-based strategies for supporting a student with ASD in
managing change and transition. Providing a preview before initiating change in an environment
or schedule can support a student with ASD to be able to adjust to the change. A visual schedule
can teach the student to rely on written (or pictorial or object schedule) information to manage
moving between activities and it allows the student to anticipate change and rely less on a rigid
memory of the order in which events occur. Even the most capable of students with ASD would
benefit from using a visual schedule to manage the activities of the day, to reduce anxiety, and
allow the student to better focus on the important activities within each day, rather than on their
sequence.
The Team must consider the most successful modality for communicating the coming change or
transition. The IEP Team is encouraged to consider the use of a schedule and other visual
supports when working to address the needs resulting from a student's resistance to environmental
change or change in daily routines, as well as to consider other evidence-based methods for
introducing new content to the student.
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The needs resulting from engagement in repetitive activities and stereotyped movements
Students with ASD may exhibit ritualistic behaviors or repetitive phrases in physical activities
and in verbal exchanges. For instance:
Preoccupation with one or more restricted and stereotyped patterns of interest that is
atypical either in intensity or focus (e.g., knowing and reviewing the schedule of
nationwide trains).
Inflexible adherence to specific nonfunctional routines or rituals (e.g., repeating all
answers 3 times) or a need to follow the same routine or sequence when completing tasks
(e.g., tapping a spoon on the table between each mouth full of yogurt).
Stereotyped/repetitive motor mannerisms (e.g., hand flapping) or a persistent
preoccupation with parts of objects (e.g., fixating on the wheels of toy car).
The Team should consider their function and the extent to which these activities interfere with
engagement in other, more appropriate, activities such as socialization or academic lessons.
Informal observation and/or formal daily data collection (for more significant behaviors) may be
used. This information will assist the Team in determining how and when to allow and/or modify
the behavior within a student's day. As appropriate, Teams should consider using positive
behavior supports to encourage participation in learning and other activities. Depending on the
nature of the behavior, practices for addressing engagement in repetitive activities and
stereotyped movements may include:
Modifying an interfering behavior to be more socially acceptable (such as modifying a
behavior of constantly shaking hands to occur only when introduced to a person).
Teaching the student appropriate" replacement behaviors" that will lead to more interest
or "on task" behavior in academic learning.
Teaching the student appropriate "replacement behaviors" that will enhance increased
and appropriate participation in social activities with peers.
Providing the student with frequent breaks in the form of motivating and pleasant sensory
activities.
Having sensory therapies take place in the classroom when it is compatible with the
learning activity and does not take away the student's focus from learning, in order to
decrease frequency in high rates of repetitive movement.
Using special equipment to reduce frequency of movement such as a cushion for the
student to sit on during group reading time in order to decrease rocking behavior.
Developing curriculum activities around the student's topic of interest and slowly
expanding the student's interest to involve other topics.
Reinforcement strategies should also be considered in order to reduce frequency of activities or
movements and as an accompaniment to replacement behaviors. Data should be used to
determine the reinforcement rate and monitor effectiveness of the intervention strategy. The plan
to address concerns in this area should be described within the student's IEP.
The need for any positive behavioral interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum disorder;
Because of the complex developmental, learning and adaptive needs of students on the autism
spectrum, they often exhibit behaviors that are challenging in their intensity, frequency, or
interference with engagement in appropriate activities. The IEP Team should consider and
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discuss the need for a functional behavioral assessment (FBA) of the student's behavior(s). The
intensity level of the FBA should match that of the presenting problem behavior. For a behavior
that has a relatively clear pattern, an FBA can be completed by obtaining some simple frequency
data and antecedent-behavior-consequence information. Significant repetitive behaviors (such as
hand flapping or rocking) or self-injurious behaviors warrant a full functional behavioral
assessment to determine the reason for, and function of, the behavior and possible alternatives to
it. It is important to use the assessment data to determine why the behavior is occurring. Knowing
the function that the behavior serves will help the Team determine whether positive behavior
interventions, strategies and supports are necessary, and which replacement behaviors are
appropriate for reducing or eliminating the interfering problem behavior. The Team should select
the least amount of intervention that is likely to be effective, efficient, and produce the minimum
unwanted effects. (e.g., ignore a behavior rather than issue a "time out").
Other needs resulting from the student's disability that impact progress in the general curriculum,
including social and emotional development
A student with ASD often exhibits deficits in executive function, the ability to organize and the
ability to generalize learned skills into other environments/activities or functional routines. The
student may have a tendency to perseverate or over-focus on unimportant features, which may
distract him or her from the learning of the "whole". The IEP TEAM should consider whether
there is a need to provide structure in the student's classroom environment and learning activities,
including but not limited to:
intervention strategies for social skill development (self-advocacy, peer interaction)
reviewing classroom and individual expectations;
organizational supports (including visual organizers such as color coded folders and
organized environments so that the environment has limited distraction factors);
previewing information;
direct instruction in order to learn new skills or to generalize learned skills; and
repeated instruction and practice in multiple environments with a variety of materials and
people, in order to master a single skill.
Defining the Roles of the TEAM Members
The Special Education Team Chair or building principal will assign the Chairperson/Liaison for
the Initial TEAM evaluation. It is entirely permissible for the Contact Person and the TEAM
Chairperson to be the same person. It is also reasonable for the Principal or Guidance Counselor,
Adjustment Counselor or School Psychologist to Chair a TEAM evaluation. In some cases,
especially with newer staff, it may be most appropriate for the Special Education Building
Coordinator to Chair the TEAM meeting. The TEAM Chairperson is always the TEAM member
with the authority to commit the resources of the town. The TEAM Chairperson will make the
decision to reconvene the TEAM when their knowledge of resources available is not broad
enough. When a TEAM meeting must be reconvened to include additional members
(Administrator of Special Education, or a consultant or advocate invited by the parent), the
TEAM Chairperson must insure that all members of the first meeting are present and that the
reconvened TEAM meets within the prescribed time.
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The TEAM Meeting
The TEAM Chairperson has the authority to commit the town’s resources. At the TEAM
Meeting, the TEAM Chairperson should make the following very clear:
“The TEAM Chairperson has the authority to commit the resources of the town,
however, there may be resources of which I am not aware. If we come to a point where
I feel there needs to be someone on the TEAM more familiar with community, town,
regional or statewide resources, we will adjourn and reconvene the TEAM which shall
include the Administrator of Special Education or other such expert.”
The TEAM Chairperson is identified on the consent form. It may be the Contact Person, the
Psychologist, the Administrator of Special Education, the Principal, a Guidance Counselor or the
Building Liaison. The Contact Person is the Primary Service Deliverer. Most importantly, these
two roles, Chairperson and Contact Person, must be identified before and/or after the meeting
and the parent must know who they are.
Determining Eligibility
When the TEAM reaches the eligibility decision-making phase of the evaluation process, it must
consider all of the assessment data, all observations of the student throughout the school
environment, the family’s input, the teacher’s observations, information regarding the curriculum
in the student ‘s particular grade, and information regarding specific areas of disability. Close
examination of the student’s school history/record, systematic observation of the student in the
classroom and throughout the school environment, and the input of TEAM members with
expertise in the area of suspected disability and regular educators should assist the TEAM in
determining if the student has a disability ( as defined by the categories outlined below)
Concurrently, the TEAM must review the definition of “to progress effectively in regular
education” to determine whether there is a causal relationship between the disability and the
student’s ability to progress effectively. If the disability is shown to be inhibiting the student’s
ability to progress effectively in regular education and the student requires specially designed
instruction or related services in order to access the general education curriculum, the student is
eligible for special
education.
In some instances, the TEAM will have clear evidence of a disability, well-documented data and
a history of diagnosis. In others, the disability may not be as clear or there may be elements o f
two or more disabilities present. It is the responsibility of the TEAM to make a good faith effort
to determine the category of disability. It is recognized that this is not always easy and may, in
fact, be altered at some other date. The disabilities and characteristics are as follows:
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Autism
Autism is a developmental disability significantly affecting verbal and nonverbal communication
and social interaction. The term shall have the meaning given it in federal law at 34CFR 300.7.
Federal Definition:
(i) Autism means a developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age 3 that adversely
affects a child’s educational performance. Other characteristics often associated with
autism are engagement in repetitive activities and stereotyped movements, resistance to
environmental change or change in daily routines, and unusual responses to sensory
experiences. The term DESEs not apply if a child’s educational performance is adversely
affected primarily because the child has an emotional disturbance, as defined in
paragraph (b)(4) of this section.
(ii) A child who manifests the characteristics of “autism” after age 3 could be
diagnosed as having “autism” if the criteria in paragraph (c)(1)(i) of this section are
satisfied.
Communication Impairment
The capacity to use expressive and/or receptive language is significantly limited, impaired, or
delayed and is exhibited by difficulties in one or more of the following areas: speech, such as
articulation and/or voice; conveying, understanding, or using spoken, written, or symbolic
language. The term may include a student with impaired articulation, stuttering, language
impairment, or voice impairment if such impairment adversely affects the student’s educational
performance.
Developmental Delay
The learning capacity of a young child (3-9 years old) is significantly limited, impaired, or
delayed and is exhibited by difficulties in one or more of the following areas: receptive and/or
expressive language; cognitive abilities; physical functioning; social, emotional, or adaptive
functioning; and/or self-help skills.
Emotional Impairment
As defined under federal law at 34 CFR §300.7, the student exhibits one or more of the
following characteristics over a long period of time and to a marked degree that adversely affects
educational performance: an inability to learn that cannot be explained by intellectual, sensory,
or health factors; an inability to build or maintain satisfactory interpersonal relationships with
peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a
general pervasive mood of unhappiness or depression; or a tendency to develop physical
symptoms or fears associated with personal or school problems. The determination of disability
shall not be made solely because the student’s behavior violates the school’s discipline code,
because the student is involved with a state court or social service agency, or because the student
is socially maladjusted, unless the TEAM determines that the student has a serious emotional
disturbance.
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Health Impairment
A chronic or acute health problem such that the physiological capacity to function is significantly
limited or impaired and results in one or more of the following: limited strength, vitality or
alertness including a heightened alertness to environmental stimuli resulting in limited alertness
with respect to the educational environment. The term shall include health impairments due to
asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes,
epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and
sickle cell anemia, if such health impairment adversely affects a student’s educational
performance.
Intellectual Impairment
The permanent capacity for performing cognitive tasks, functions, or problem solving is
significantly limited or impaired and is exhibited by more than one of the following: a slower
rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or
difficulty understanding abstract concepts. Such term shall include students with mental
retardation.
Neurological Impairment
The capacity of the nervous system is limited or impaired with difficulties exhibited in one or
more of the following areas: the use of memory, the control and use of cognitive functioning,
sensory and motor skills, speech, language, organizational skills, information processing, affect,
social skills, or basic life functions. The term includes students who have received a traumatic
brain injury.
Physical Impairment
The physical capacity to move, coordinate actions, or perform physical activities is significantly
limited, impaired, or delayed and is exhibited by difficulties in one or more of the following
areas: physical and motor tasks; independent movement; performing basic life functions. The
term shall include severe orthopedic impairments or impairments caused by congenital anomaly,
cerebral palsy, amputations, and fractures if such impairment adversely affects a student’s
educational performance.
Sensory Impaired
The term shall include the following:
1. Hearing – The capacity to hear, with amplification, is limited, impaired, or
absent and results in one or more of the following: reduced performance in
hearing acuity tasks; difficulty with oral communication; and/or difficulty in
understanding auditorally-presented information in the education environment.
The term includes students who are deaf and students who are hard-of-hearing.
2. Vision – The capacity to see, after correction, is limited, impaired, or absent and
results in one or more of the following: reduced performance in visual acuity
tasks; difficulty with written communication; and/or difficulty with
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understanding information presented visually in the education environment. The
term includes students who are blind and students with limited vision.
3. Deaf-Blind – Concomitant hearing and visual impairments, the combination of
which causes severe communication and other developmental and educational
needs.
Specific Learning Disability
The term shall have the meaning given in federal law at 34 C.F.R. §§300.7 and 300.541.
Sec. 300.541 Criteria for determining the existence of a specific learning disability:
A Team may determine that a child has a specific learning disability if the child does not achieve
commensurate with his or her age and ability levels in one or more of the areas listed
below, if provided with learning experiences appropriate for the child’s age and
ability levels. As noted above, DESE’s mandated forms must be used in determining
that a student has an SLD.
IDEA 2004
The District has the authority to use a process that determines if
a child responds to Research Based Intervention, RTI, as part of
the evaluation procedures. See NCLB for definition of scientific
research-based intervention. Response to Intervention Model,
(RTI).
Federal Definition Specific learning disability is defined as follows:
(i) General. The term means a disorder in one or more of the basic
psychological processes involved in understanding or in using language, spoken
or written, that may manifest itself in an imperfect ability to listen, think, speak,
read, write, spell, or to do mathematical calculations, including conditions such
as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia.
(ii) Disorders not included; The term does not include learning problems that are
primarily the result of visual, hearing, or motor disabilities, of mental retardation,
of emotional disturbance, or of environmental, cultural, or economic
disadvantage.
Roles and Responsibilities of TEAM Members
TEAM Chairperson/Liaison
Setting up the TEAM meeting:
When the evaluations are completed (within 30 days of the received consent) contact the
parent to arrange a mutually convenient date and time for the TEAM meeting. This
meeting date must be within 45 days of receipt of the signed consent.
Notify all TEAM members of agreed upon date of the TEAM meeting.
Send the meeting invitation and attendance sheet to the parent at least 10 school days
prior to the meeting
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If a new date is agreed upon, send a new invitation and notify all TEAM members.
Document efforts to contact parents and ensure their participation in the TEAM meeting.
Organizational Responsibilities
Make sure that the teacher(s) have an Educational Assessment Form.
Collect summaries of reports or written reports at least three days prior to the meeting.
Review evaluation results and seek clarification where necessary.
Secure Parent Release of Information when necessary.
Collect Present Level of Performance Information from evaluators and enter into draft
IEP.
TEAM Meeting Procedures
Introduce TEAM members, identifying the TEAM Chairperson, the person who has the
authority to commit resources of the town and the Contact Person.
Explain the Section 28 Process, (formally Ch. 766) sharing the TEAM Evaluation
Process Packet including Eligibility Flow Chart and a blank IEP/draft IEP and distribute
the Parent’s Rights Brochure. This brochure must be given out at all meetings. All draft
IEPs must have the word DRAFT stamped or written on EVERY page.
Give an overview of the reasons for referral.
Verify Administrative Data.
Facilitate Eligibility Discussion and Determination of Eligibility using the flow chart.
The completed flow chart is maintained in the student file.
Notify the Principal or designee if there is a need for a 504 Eligibility Review. Special
education TEAMs do not determine 504 eligibility or services.
Assist the parent(s) in a discussion of the parent’s goals for the year and the parent’s and
student’s vision. The vision statement is a TEAM vision. If the TEAM vision is
different from the parent/student vision, include both with proper credit given.
Provide parent with a draft IEP at the meeting or immediately following the meeting. All
draft IEPs must have the word DRAFT stamped or written on EVERY page.
Make a determination whether a Placement Meeting is required and who should attend.
If an IEP is recommended:
Develop the proposed IEP (make corrections on the draft IEP). The finalized proposed
IEP MUST be sent to the parent/guardian three days after the TEAM meeting.
Send N1 letter to parent/guardian with the proposed IEP. Complete the N1 letter fully,
answering ALL the questions on the letter.
Record the date of the signed IEP in the computer system.
Notify TEAM members that the signature has been received and provide service
deliverers with a copy of the IEP. No services shall begin until a signed IEP has been
received. For initial evaluations, no service is given until a signed IEP is received. For
IEP’s already in place, only the services on the last signed IEP are given until the new
IEP is returned signed.
Provide regular education staff with a copy of the IEP. Review specific sections with the
Regular education teachers to insure that they are aware of the student’s needs.
Where the IEP of the student in need of special education has been accepted in whole or
in part by that student's parent, the school district provides the mutually agreed upon
services without delay.
At the beginning of each school year, the district has an IEP in effect for each eligible
student within its jurisdiction.
Each teacher and provider described in the IEP is informed of his or her specific
responsibilities related to the implementation of the student´s IEP and the specific
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accommodations, modifications, and supports that must be provided for the student under
it.
The school district does not delay implementation of the IEP due to lack of classroom space or personnel. If there is a temporary lack of space or personnel, the district provides as many of the services on the accepted IEP as possible and immediately informs parents in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and offers alternative methods to meet the goals on the accepted IEP. Upon agreement of the parents, the school district implements alternative methods immediately until the lack of space or personnel issues are resolved. If a determination of no eligibility:
Send District Refusal to Act letter to parent/guardian with Parent’s Rights Brochure.
Complete ALL questions on the Refusal to Act form.
Answer any questions the parent/guardian may have.
Notify 504 TEAM if a 504 consideration needs to take place.
(See Appendix for Steps for IEP Completion).
Resolution of disputes:
Within 15 days of receiving notice that a parent has made an official hearing request to
the Massachusetts Bureau of Special Education Appeals (BSEA), the district convenes a
meeting with the parent(s) and the relevant member(s) of the IEP Team, including a
representative of the district with decision-making authority, to try to resolve the dispute.
The resolution session may be waived if the district and the parents agree in writing to do
so or if they agree to use mediation instead.
If the dispute is resolved at the resolution session, the parent(s) and a representative of the
district with the authority to do so sign a legally binding agreement, enforceable in state
or federal court. Any party may void this agreement within three business days of the
signing.
IEP implementation, accountability and financial responsibility: The district oversees in an ongoing manner the full implementation of each in district and each
out-of-district IEP it proposes which has been consented to by a child´s parents.
On February 14, 2013 the U.S. Department of Education published final regulations in the
Federal Register for IDEA, Part B, that change the requirements of 34 CFR 300.154(d) related to
parental consent to access public health insurance, in Massachusetts, MassHealth (Medicaid). The
final change in regulation became effective on March 18, 2013, and will make it easier for school
districts to access MassHealth while still protecting family and children's rights.
In brief, the new regulations safeguard parents and children’s rights by assuring that special
education services are provided at no cost to the parent, by stating that personally identifiable
information will be exchanged in order to access MassHealth, and by stating that the parent can
withdraw their consent at any time and that such withdrawal will not result in any change or
denial of special education services nor will there be any cost to the parent.
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IDEA 2004: IEP attendance and participation:
1. Members of the IEP team.
The IEP Team is composed of the following persons:
The parents of a child with a disability;
Not less than one regular education teacher (if the child is, or may
be, participating in the regular education environment);
Not less than one special education teacher, or when appropriate,
not less than one special education provider;
A representative of the local educational agency (LEA) who is
qualified to provide, or supervise the provision of, specially designed
instruction to meet the unique needs of children with disabilities; is
knowledgeable about the general education curriculum; and is
knowledgeable about the availability of resources of the LEA;
An individual who can interpret the instructional implications of
evaluation results, who may be a member of the team described
above;
Other individuals, at the discretion of the parent or the agency, who
have knowledge or special expertise regarding the child, including
related services personnel as appropriate; and
Whenever appropriate, the child with a disability.
[614(d)(1)(B)]
2. IEP team meeting attendance not necessary.
A member of the IEP team is not required to attend an IEP meeting, in
whole or in part, if:
The parent of a child with a disability and the LEA agree, due to the
fact that the member’s area of the curriculum or related services is
not being modified or discussed. The parent’s agreement must be in
writing. [614(d)(1)(C)(i) and (iii)]
The member submits, in writing to the parents and the team, his or
her input into the development of the IEP prior to the meeting.
[614(d)(1)(C)(i) and (iii)]
3. Excusal from IEP meeting.
A member of the IEP team may be excused from attending an IEP
meeting, in whole or in part, if:
The parent of a child with a disability and the LEA agree, due to the
fact that the member’s area of the curriculum or related services is
not being modified or discussed.
The parent consents in writing, and the agency also; and
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The member submits, in writing to the parents and the team, his or
her input into the development of the IEP prior to the meeting.
[614(d)(1)(C)(ii) and (iii)] of the IDEA 2004.
4. New provisions for making changes to the IEP.
In making changes to a child's IEP after the annual IEP meeting for a
school year, the parent of a child with a disability and the LEA may agree
not to convene an IEP meeting for the purposes of making such changes,
and instead may develop a written document to amend or modify the
child's current IEP. [614(d)(3)(D)]
Changes to the IEP may be made either by the entire IEP team or, as
provided in Section 614(d)(3)(D), by amending, rather than redrafting the
entire IEP. Upon request, a parent shall be provided with a revised copy
of the IEP with the amendments incorporated. [614(d)(3)(F)]
5. Consolidation of IEP meetings.
To the extent possible, the LEA will encourage the consolidation of
reevaluation meetings and other IEP team meetings for the
child. [614(d)(3)(E)]
6. Alternative means of meeting participation.
When conducting IEP team meetings and placement
meetings pursuant to Sections 614, 615(e), and 615(f)(1)(B), and carrying
out administrative matters under Section 615 (such as scheduling,
exchange of witness lists and status conferences), the parent of a child
with a disability and the LEA may agree to use alternative means
of meeting participation, such as video conferences and conference calls.
[614(f)]
The agenda for the TEAM meeting should reflect the interests of all participants in an effort to
each consensus around:
The focus of special education services
Types of strategies that will foster effective progress
Collaborative effort
Relationship between proposed goals and the core curriculum
Delivery of special education services
IDEA 2004:
Changes to definition of an individualized education program (IEP):
1. Changes regarding present levels of educational performance.
IEPs must include:
o Present levels of academic achievement and functional
performance; and
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o A statement of measurable annual goals, including both
academic and functional goals
IEPs must include a description of benchmarks, or short-term
objectives only for children who take alternate assessments aligned
to alternate achievement standards.
[614(d)(1)(A)(i)(I)]
2. Changes regarding assessments in the IEP:
A statement of any individual appropriate accommodations that is
necessary to measure:
o Academic achievement and functional performance on
statewide and district wide assessments.
If the IEP team determines that the child will take an alternate
assessment, a statement must be provided that indicates why the IEP
team selected a particular alternate assessment, and why it is
appropriate for the child. [614(d)(1)(A)(i)(VI)(aa), (bb)(BB)]
3. Changes to annual goals:
IEPs are required to include:
A statement of measurable annual goals, including academic and
functional goals, that meet the child’s needs that result from the
child’s disability to enable the child to be involved in, and make
progress in, the general education curriculum; and that meet each
of the child’s other educational needs that result from the child’s
disability; [614(d)(1)(A)(i)(II)]
4. Short-term objectives:
The long established obligation for IEP teams to spell out short-
term objectives for meeting each child's measurable annual IEP
goals no longer exists for most children. Such short-term objectives
are only required for the very small percentage of children
(generally less than 1% of students with disabilities) who are taking
alternate assessments aligned to alternate achievement standards.
The No Child Left Behind Act (NCLB) limits participation on these
assessments to students with the most significant cognitive
disabilities. NCLB also provides that both grade-level and alternate
achievement standards should be aligned with state content
standards. Parents should ensure that their child's academic IEP
goals are also aligned with these standards. Short-term objectives
are essential stepping stones toward these goals for all students with
disabilities, not just a very small percentage.
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Even if these short-term objectives are not mandated by law, all
parents can still request their child's IEP team to identify them.
IDEA 2004 still requires a description of how progress toward
meeting will be measured and parents can contend that short-term
objectives are the answer. Without short term objectives parents will
have virtually no way of measuring whether their children are
making progress in achieving their annual goals and will not be
informed participants in their child's education. In addition,
teachers will not have a guide as to the intervening steps that should
be taken towards achieving these goals and when they should be
taken. Teachers will also have great difficulty developing
meaningful progress reports to the parents.
5. Changes to measuring progress and reporting:
IEPs are required to include:
o A description of how the child's progress toward meeting the
annual goals will be measured; and
o A description of when periodic progress reports will be
provided to the parents.
Reporting may include:
o Quarterly reports; or
o Other periodic reports concurrent with issuance of report
cards.[614(d)(1)(A)(i)(III)]
6. Changes to statement of services:
Adds to the statement of the special education and related
services and supplementary aids and services, for the child or
on behalf of the child–that they be based on peer-reviewed
research, to the extent practicable. [614(d)(1)(A)(i)(IV)]
In an effort to establish a positive vehicle for effective communication, the following guidelines
are required:
1. WITHIN 10 DAYS PRIOR TO THE TEAM MEETING:
Establish communications between school representative(s) and parent/guardian prior to
the TEAM meeting. The Vision Statement, IEP Meeting Invitation Letter and
Attendance Sheet (N3A) serve to solicit parent input prior to the meeting. The
Chairperson/Liaison will call parents if necessary to discuss any specific issues or
Concerns that the parent would like addressed at the meeting. This allows the TEAM
Chairperson/Liaison to set a mutually established agenda and sets the foundation for a
positive working relationship.
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2. TWO DAYS PRIOR TO THE MEETING:
Make assessment reports available to parents and other professional staff at least two
days before the TEAM meeting. This allows parents and staff an opportunity to review
the information contained within these reports prior to the meeting, to expedite the
discussion during the meeting, and to focus on the determination of eligibility.
3. THE DAY OF THE MEETING:
The TEAM Chairperson/Liaison greets the parent/guardian privately, prior to the TEAM
Meeting to ascertain concerns parents wish to be addressed at the TEAM meeting.
The TEAM Chairperson/Liaison determines whether the parent/guardian wishes to share
These issues at the meeting or whether the parent/guardian would prefer that the TEAM
Chairperson/Liaison shares this information.
The Chairperson/Liaison escorts the parent/guardian into the meeting and sits in close
proximity to the parent/guardian in an effort to make the parent feel comfortable and help
elicit parent/guardian concerns.
The TEAM Chairperson/Liaison invites parent/guardian to share any issues or concerns
the individual would like the TEAM to address during the meeting.
The TEAM Chairperson/Liaison clarifies written assessment reports as needed.
The TEAM Chairperson/Liaison facilitates a TEAM meeting that encourages optimal
participation from all parties in attendance in order to develop an Individualized
Education Program, which fosters maximum growth potential for the student.
504 Eligibility is not determined at the Special Education Eligibility Meeting: The
Principal is responsible to convene a TEAM, which may include a member of the Evaluation
TEAM to determine if the student’s disability warrants a 504 Accommodation Plan.
TEAM Member’s Responsibilities
Setting up the meeting
Contact the TEAM Chairperson/Liaison if a conflict exists in your schedule.
Notify TEAM Chairperson/Liaison of any concerns or issues.
Organizational Activities
Schedule Testing Dates.
Review student’s files and prior assessments.
Evaluate student and send summary or written report to the TEAM Chairperson/Liaison
at least 3 days prior to the TEAM meeting.
Provide the Chairperson/Liaison with a brief statement to be included in the PLEP Draft,
based on your evaluation.
Bring a draft of your goal, if your assessment indicates it would be appropriate to provide
service.
At the TEAM Meeting
Present your summary as jargon free, clear and as briefly as is appropriate.
Offer recommendations based on TEAM consensus.
Discuss draft goals and objectives.
Assist in other IEP determinations: Transportation, Assistive Technology, Behavior,
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Discipline, etc.
Do not schedule any services in the proposed IEP until the Chairperson/Liaison notifies
you that the IEP has been signed.
Informed Consent for a Three-Year Reevaluation
It is the responsibility of the liaison to generate the notice to reevaluate and send the parental
consent form to a parent at least 60 days before the Individual Education Plan of a student will
expire. If the TEAM decides that no additional assessments are needed to determine if the
student is eligible for special education, the TEAM may recommend to the parent:
a) That all assessments given at the initial evaluation be repeated
b) That no further assessments are needed at this time and the reasons for this; and
c) That the parent has a right to request a full evaluation or a specific assessment.
A parent may waive any of the specific assessments requested in an evaluation. If this is the
case, complete the waiver form and secure the proper signature(s). Documentation of multiple
efforts to contact a parent in order to gain their consent must be maintained in the child’s special
education file. In the event that consent is not received, contact the Administrator of Special
Education to determine the next step(s). The re-authorized IDEA 2004 only requires that a
Parent’s Rights Brochure be given to a parent once a year.
Assessment Components of the Three-Year Reevaluation
Students should be assessed in their area of need. If a TEAM has additional questions or
concerns about a child, other assessments may be included.
When a three-year evaluation will be determining eligibility, all components of the initial
evaluation should be repeated with age appropriate instruments.
When a student enters at three or four years old, a full evaluation should be administered. The
Marshfield Public Schools will consider outside Assessments, but must complete a
district evaluation as well. This evaluation will be repeated in three years or sooner using age
appropriate instruments.
When a TEAM evaluation determines that a child younger than 9 years old is developmentally
delayed, the TEAM must reevaluate him/her by his/her ninth birthday to determine eligibility
category. Developmentally delayed is a disability category appropriate for children only up
to nine years of age. You will need a Psychological Evaluation to change the disability
category.
TEAM Meeting: The Role of the Chairperson and the Contact Person
or Student’s Liaison
At each TEAM meeting, the person in the role of Chairperson and the Contact Person should be
identified and this should be reflected on the Attendance Sheet.
If a student is already receiving special education services, the Contact Person or Liaison is
responsible for convening the TEAM meeting. The Contact Person or Liaison is also responsible
for ensuring that all notifications have been properly communicated to the parent and to the
student, and for managing the appropriate documentation that the TEAM generates.
Annual Review
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The Contact Person’s/Liaison’s Responsibilities
In many cases, the student’s primary service deliverer acts as the TEAM Chairperson for the
annual review. His/her responsibilities as the Chairperson include, but are not limited to:
Ongoing
1. Maintain communication with the home.
2. Ensure that progress reports of all service deliverers go home when report cards go home.
Setting up the Meeting
1. Schedule the TEAM meeting and send invitation letter to the parents at least ten school
days prior to the TEAM meeting.
2. Notify TEAM members of the meeting date.
3. Document any change of time and notify all participants of the change in time.
4. Send notification/invitation to students over 14 years old.
5. Procedural Safeguard Brochure is sent with notice.
Organizing the Meeting
1. Review student’s file, prior assessments, and current progress.
2. Update assessments as indicated on the IEP to determine Performance Criteria on PLEP.
3. Collect progress reports or other pertinent information from the child’s teachers.
At the Meeting
1. Have all participants sign the Attendance Sheet.
2. Review agenda and timelines
3. Share the Parent’s Rights Brochure with the parent and answer any questions regarding
the process.
3. Ask the parent to share his/her Vision Statement. The Vision Statement is a TEAM
vision. If the parent’s vision differs from the TEAM vision, both should be reflected on
the IEP.
4. Update the PLEP.
5. Discuss Progress Reports as they relate to goals and objectives; discuss any reasons why
goals were not achieved and resulting changes in the new IEP.
6. Discuss proposed service delivery and draft IEP.
7. Keep TEAM Meeting notes. A copy of the notes and the draft IEP should be given to the
parent at the end of the meeting.
After the Meeting
1. Send N1 Letter with IEP immediately following the development of the IEP. This means
within three days of the meeting. Answer all 6 questions.
2. Offer recommendations based on TEAM consensus.
3. Finalize goals and objectives.
4. Assist in other IEP determinations: Transportation, Assistive Technology, Behavior,
Discipline, etc. by including these services in the IEP and notifying the parties involved
so that scheduling can take place. Remember, no service begins until written consent is
obtained from the parent.
The TEAM member has the same responsibilities for the Annual Review as were outlined
in the Initial Evaluation and Reevaluation Sections.
Leaving the TEAM Meeting At the end of the TEAM meeting, provide the parent with a written summary of the decisions
and agreements reached during the meeting including:
a. The completed IEP service grid describing the types and amounts of special education
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and/or related services.
b. A statement of the major goal areas associated with the services.
c. District TEAM meeting minutes.
It is allowable to provide a draft IEP at the meeting. EVERY page must be marked DRAFT.
No later than three (3) calendar days from the conclusion of the TEAM meeting (five
calendars days where weekend days intervene) the district should issue the fully developed IEP
and Procedural Safeguards Brochure to the parent.
Opportunity for Parent/Guardian Participation
Parents/guardians should be the focal point of arranging the TEAM meeting, so try hard to work
it into the parent’s schedule. The earlier you can notify parents/guardians, the better! If your
school conducts a special day for TEAM meetings, let parents/guardians know with as much
advance notice as possible. Once you have made the phone contact, always follow it up with a
written notice using the approved Massachusetts State Meeting Notice Form and Parent’s Rights
Brochure. If the parent/guardian cannot attend, other methods should be used to ensure parent
participation, including phone calls, correspondence, and home visits. A detailed record of all
Such attempts must be maintained. Along with each completed IEP mailed to the
parent/guardian, a summary of their rights that includes a specific date identifying the day when
the parent/guardian must have responded by, either accepting or rejecting the IEP will also be
sent. If you are having problems getting parents/guardians to return a signed or rejected IEP,
notify the Special Education Office for assistance.
Parents/guardians are also kept informed by the normal grading process, IEP progress reports,
and direct contact with the teaching staff/liaison, or specialist servicing the child.
parent/guardian concerns are noted on the IEP and the parents/guardians participate in the
formation of the Vision Statement.
Every effort must be made to involve our parents/guardians in the process, to encourage their
participation, with the goal to insure they understand what is happening in the education of their
child.
Request for a Reevaluation or an Independent Educational Evaluation
(IEE) Any request for a reevaluation outside the reevaluation cycle, or an Independent Educational
Evaluation,
should be directed to the Administrator of Special Education for determination of next steps.
Any request for an Independent Evaluation (IEE) must be acted upon within 5 days. Therefore,
it is extremely important that you notify the Administrator of Special Education of such
requests immediately. Requests can come in writing or verbally. In either case, action
must be taken. The Marshfield Public Schools will follow the guidelines for income eligibility
for all IEE requests. Information will be sent to parents/guardians upon request of an evaluation.
All IEE requests will be limited to the evaluations performed by the TEAM. Requests for other
Evaluations, such as neuropsychological, will be considered on a case-by-case basis.
A Finding of No Eligibility:
The TEAM must make a finding of no eligibility:
If the student does not have a disability;
If the student does have a disability but is making effective educational progress without
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the need of supportive services;
If the student shows a lack of educational progress but it is not due to a disability; or
If the student does not require specially designed instruction.
If the TEAM finds the student ineligible for special education for any of the above reasons, after
either an initial evaluation or reevaluation, the TEAM must send out the N1 for No Finding of
Eligibility and answer ALL questions.
If the student has a mental or physical impairment that substantially limits a major life activity,
the student may be eligible for a 504 Accommodation Plan.
The Principal or designee convenes a TEAM to determine if the student is eligible under Section
504; if a 504 Accommodation Plan is appropriate; and, if so, what should be included on that
plan. The student’s classroom teachers and the Principal as well as the parent must all be
members of that TEAM. The Principal or designee may identify other TEAM members.
Eligibility for a 504 Accommodation Plan is determined following the guidelines for 504
eligibility.
Parents must be informed by the TEAM Chairperson in writing of the finding of no eligibility for
special education using the N2 forms. All 6 questions must be completed and Parents/guardians
have the right to appeal any eligibility determination to the Bureau of Special Education Appeals
(BSEA), including a finding of no eligibility. Parents may contact the BSEA directly or request
the district’s assistance with this process. This information is included in the Procedural
Rights Brochure, which must be sent to parent at least once per school year.
If it is the determination of the TEAM that the student does not qualify for special education
services or that a student is no longer in need of services, the
TEAM must make a finding of “No Eligibility”. It is the TEAM Chairperson’s responsibility to:
1. Complete the Eligibility Sheet.
2. Complete Notice of Finding of No Eligibility to the Parents (Initial Evaluation: Refusal
to Act; Reevaluation: Proposal to Act, answer all questions completely). This notice
should include a summary of assessments, rationale for the decision, a listing of any
accommodations needed to ensure that the student continue to make effective progress.
These accommodations may be made with or without a 504 accommodation plan.
3. File copies of ED1 and N1, N2, N3 in the student file with back-up documentation.
Placement Meeting
If any member of a TEAM has questions regarding what the most appropriate placement for a
student may be, or how certain services may be delivered in the least restrictive setting, he/she
should be in touch with the Administrator of Special Education. The Administrator of Special
Education is available to attend any meeting where the TEAM feels it will be discussing
resources beyond those which are readily available in their school building. Parents should be
informed that the Administrator of Special Education will be attending the TEAM meeting. All
IEPs are to be written before the determination of placement.
If questions arise regarding placements outside the school district or if the parent introduces
issues that the Chairperson did not anticipate and is unprepared to respond, the TEAM
Chairperson may do either of the following:
1. Take a brief recess and call the Administrator of Special Education. In most cases, the
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Administrator of Special Education will either be able to provide immediate assistance or
come to the meeting.
2. End the meeting and reconvene later, remaining within the proscribed timelines, at a
meeting that includes the Administrator of Special Education.
3. End the meeting. The TEAM may determine that a Placement Meeting is required
following the meeting to develop the IEP. If the Team decides to convene a Placement
meeting, it must occur within ten school days of the meeting at which the IEP was
developed.
Amendments
If the TEAM determines that minor changes to the IEP are required an amendment must be
developed. An amendment may be used to change the service delivery model when a student
changes schools if this is appropriate. An amendment may not be used to change the placement
of the program. The TEAM must be reconvened following issuance of notification to the parent
in order to complete an amendment.
Extended Evaluation- A partial IEP must be written
An extended evaluation should be used when the evaluation information is inconclusive. When
the evaluation information is inconclusive, the TEAM is unable to determine if there is a
disability, the nature of the disability or is unsure what services should be provided. When the
TEAM has determined eligibility and some necessary objectives and services, then the TEAM
should write a partial IEP while the Extended Evaluation is occurring. The evaluation may not
extend beyond eight school weeks. An Extended Evaluation may not be used for the following
purposes:
To extend an evaluation beyond the timeline.
To deny programs or services to a student
To constitute a temporary placement.
To establish eligibility.
An Extended Evaluation may or may not occur outside of Marshfield Public Schools, but it is a
type of evaluation, and therefore requires parental consent. An Extended Evaluation is NOT a
placement, even if the student temporarily leaves the district.
Effective Date of IEP
All Educational Plans will become effective for implementation immediately upon parental
signature of acceptance. Normally you should have identified the date of the start of services
under service delivery, but, in any case, do not delay service delivery once the IEP is signed by
the parent. The date of acceptance must be recorded in the computer by the Liaison. It is
imperative that dates are recorded on a regular basis, preferably upon receipt. Do not wait to
record data as it is often needed for various state and federal reports throughout the school
year.
Attorney Invited to the Meeting
If parents unexpectedly bring an attorney to a TEAM meeting, the TEAM Chairperson should
inform that attorney that the Marshfield Public Schools TEAMs are represented by the law firm
of Murphy, Hesse, Toomey & Lehane. Ethics rules prohibit the attorney from having contact
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with the school staff without the presence of the school’s attorney. The parent/guardian may
choose to continue the meeting with neither attorney present. If the parent/guardian insists on the
presence of an attorney, the meeting ends and will be reconvened, at a later date, with the school
attorney present.
Parents Invite a Consultant or Advocate to a TEAM Meeting
Parents/Guardians are allowed to bring others to the TEAM meeting to assist them with the
process and/or decision-making. Often these people are educational advocates, paid for by the
parent. Other times parents/guardians bring a friend or relative. These people must sign in and
become a member of the TEAM. If an advocate contacts you by phone, fax or other method,
please do not discuss the child or case until you have signed, written permission from the parent
to do so. This protects confidentiality. If an advocate wished to observe a child at school, please
notify the Principal who will arrange an observation following the school rules for such. A
special education staff person should be assigned to the visitor throughout the entire observation
and should record notes about the child’s activity during the observation. These notes will assist
the TEAM during subsequent meetings. All questions and concerns should be referred to the
building Principal and/or the Administrator of Special Education.
In the case where an Independent Educational Evaluation was completed, the TEAM
Chairperson/Liaison should request a copy of the evaluation prior to the TEAM meeting. TEAM
members should familiarize themselves with the content of this evaluation and discuss the
results, as appropriate, as a TEAM prior to the TEAM meeting. The TEAM Chairperson/Liaison
may ask the parent to sign a consent to allow the TEAM to communicate directly with the
evaluator should they have specific questions regarding his/her recommendations. The Principal
or the Administrator of Special Education should be invited to any meetings where the TEAM
may need additional assistance.
Guidelines for Coordinating with Advocates
These guidelines are intended to insure that all advocates are afforded ample opportunity and
proper access within the context of your busy school day and ever-changing staff/student
schedules. Educational advocates are often hired by parents or assigned by the Department of
Education to insure that the child will receive all the necessary educational components in order
to be successful in school. Educational advocates employed by parents are not required to have
any special certifications or licensure, and may have a background that does not include public
school experience. It will benefit the student most if you can take time to explain scheduling and
other issues when it is apparent the advocate is unsure about these ancillary issues. In addition,
please adhere to the following guidelines to insure that the needs of the parent and advocate are
satisfied WITHIN the context of the greater needs of the student and school’s daily activities:
1. Advocates must always produce a written permission document signed by the parent or
legal guardian. Without this statement, you are not authorized to divulge any information
to ANY third party about any student.
2. Telephonic requests from advocates to visit, observe, or meet about students should be
followed up by your sending the advocate a confirmation letter. Identify the best times,
dates, (and staff) when a visit would be most beneficial and productive. This will remove
any confusion as to meeting/visitation dates and times, and keeps all parties informed.
Three (3) hours is a reasonable visitation time request for older students, less
time for younger students. Advocates must follow the rules of the school regarding
visitors as stated in school handbooks.
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3. Requests from advocates for copies of any student file materials must follow the DESE
Student Record Regulations for dissemination of information. This request should be
preceded or accompanied by a signed release of information form from the parent or
legal guardian.
Parents Reject Some or All of an IEP
The rejected IEP should be sent immediately to the office of the Administrator of Special
Education. Upon receipt, it will be sent to the Bureau of Special Education Appeals. A
mediation or Hearing may follow. If possible, the TEAM should schedule a follow up meeting
including an administrator that may assist in mediating the disagreement. If this is not possible
or the parent does not agree to another meeting, notify the Administrator of Special Education to
discuss the next steps.
When Parents Fail to Participate or Consent
When parents fail to consent or participate in the evaluation process, efforts will be made by the
School administration including Guidance, and/or Adjustment Counselor, School Psychologist,
(whomever is appropriate) to contact the parents and encourage their participation. Contact may
include letters, telephone calls, notices sent by certified mail, home visits when requested by the
administration, referral to DSS either voluntarily, through a 51A (neglect petition), and/or
referral to court as appropriate (CHINS). Nothing in this policy will prohibit parents from
ultimately refusing a special education evaluation or services.
Failure of the Parent/Guardian to Respond Regarding the IEP
In the event that a parent fails to respond within 30 days, to reject, accept, or delay pending an
independent evaluation, the Chairperson/Liaison will:
Call the parent/guardian and discuss the parent’s/guardian’s concerns. Attempt resolution
and allow more time if circumstances warrant.
Send a certified letter to the parent/guardian notifying them that they are legally required
to respond.
Inform Department of Education in writing of difficulties.
Request mediation or hearing through BSEA
Not withstanding all the above procedures, no student in need shall be denied special education
services because a parent failed to respond. However, no new services or program changes are
to begin without signed parental/guardian consent. Services will be provided as listed on the last
signed IEP.
IDEA 2004
DUE PROCESS:
1. Procedural safeguards notice:
The procedural safeguards notice will be distributed only once a year
except that a copy will be distributed upon initial referral, when a parent
makes a request for an evaluation, when a due process complaint has been
filed or if a parent requests a copy. The notice will no longer be
automatically distributed with the IEP team notice or upon reevaluation.
This is only a problem if parents are unaware of their rights, including the
right to request this notice if they need one.
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2. Statute of limitations:
Parents now have two years in which to exercise their due process rights
after they knew or should have known that an IDEA violation has
occurred. The interpretation of the language "should have known" will be
critical.
3. Due process complaint notice:
Parents who feel their child's educational rights are being compromised
must file a complaint with the school district (with a copy to the state)
identifying the name and contact information of the child, describing the
nature of the problem with supporting facts and a proposed resolution. A
new provision provides that the school district shall file a response within
10 days unless the district within 15 days notifies the state hearing officer
that it is challenging the sufficiency of the parent's due process complaint
notice. The State hearing officer has 5 more days to make a finding. In
addition to the obvious delay, of particular concern is that the complexity
of filing for due process may have a chilling effect on parents
4. Resolution session:
Parents must go through a mandatory "resolution session" before due
process. The school district will convene a meeting with the parents and
relevant members of the IEP team within 15 days of when the school
district receives the parent's due process complaint. The school district has
30 days from the time the complaint is filed to resolve the complaint to the
satisfaction of the parents, after which a due process hearing can occur.
This provision may encourage school systems to wait until a due process
complaint is filed before trying to resolve issues. Attorney's fees are not
reimbursed for work related to the resolution session.
5. Attorney's fees:
Parent's attorneys may be responsible for paying the school system
attorney's fees if a cause of action in a due process hearing or court action
is determined to be frivolous, unreasonable, or without foundation.
Parents may be responsible for the school system's attorney fees if a cause
of action was presented for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of litigation.
Obviously, parents should not file frivolous or improper causes of action,
but it is important that school districts not use these changes in the law to
intimidate parents. This could have a chilling effect on parents obtaining
legal representation and filing valid complaints to improve their children's
education.
6. Qualifications for Hearing Officers:
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A positive change is that there are now explicit qualification requirements
for Hearing Officers.
Communication in the Native Language of the Parent/Guardian
Interpreters used to assist a parent/guardian and student in the Special Education process and
services available shall be provided with a copy of all forms utilized in the process and a booklet
explaining the rights of parents/process, etc.
Prior to the TEAM meeting, the Principal/Chairperson shall attempt to meet with the interpreter
to clarify the process and discuss the dynamics of the meeting. Assistance with interpretation
may be obtained by calling 1-800-642-0249.
Parent’s Rights Brochures and forms are available on the DESE website for several languages.
Please contact the Special Education Office for assistance.
Services for Home/Hospital Students
The School Principal will provide the parent/guardian with the Physician’s Statement for
Temporary Home or Hospital Education form to be
completed and signed by the student’s physician. The person signing this form must be a
medical doctor, not a psychologist. Once this has been returned to the Special Education Office
and approved by the Administrator of Special Education, the Special Education Office secretary
will initiate contact with a home tutor to plan services or contract with a hospital-assigned tutor
and inform the Principal whom the tutor will be. There is no waiting period (required absence
days) for services to begin. The School Principal will direct the Guidance Counselor to send a
home/hospital tutoring instruction form to each of the student’s classroom teachers and assist the
tutor in contacting teachers for materials, transferring grades, etc. and to change attendance
status. The completed Physician Statement will remain on file in the Special Education Office.
In the case of students attending private school at parent expense, home/hospital services are
available if the child has been found to be a student with special educational needs. In cases
where a child is not a child in need of special educational services, the District will consider the
Physician’s Statement and the impact of that statement on the child’s status. Services can be
provided or a determination to make a referral for evaluation or additional information may be
requested depending on the circumstances. Each request will be viewed on an individual basis.
The Physician’s Statement must be completed and sent to the Special Education Office.
Counseling Services
School Psychologists and Adjustment Counselors service special needs and non-special needs
students in both individual and group format. Some students are seen on a regular basis while
others are seen on an as-needed basis in response to periodic adjustment problems or if in crisis.
Students utilize counseling for the development of self-awareness and the achievement of long-
term development goals. They also utilize counseling to help solve immediate academic, social,
or family problems such as conflict resolution with teachers, peers, or family members.
Behavioral Interventions
Each TEAM must consider a student’s behavior in relation to his/her disability and effective
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progress. This should be done in a pro-active manner through the Functional Behavioral
Assessment and Behavior Intervention Plan. These tools should be developed in an effort to
change behavior prior to it becoming unmanageable in the school environment. Data should be
maintained and used to inform decisions regarding goals and objectives for the student. When
physical restraint is considered in relation to meeting a student’s needs, very specific practices
should be delineated in the IEP. Please refer to the district’s physical restraint policy. Only
trained persons should restrain students. Call the school office for immediate assistance if a
situation develops. Restraint should be a last resort and may only be used in emergency
situations to protect the student and/or others in the school’s community from imminent, serious
physical harm. For information on the Marshfield Public Schools restraint policy,
contact the building Principal. Each building has a crisis intervention trained Team.
School Discipline
Students are expected to meet the requirements for behavior as set forth in the Marshfield Public
Schools Student Handbook. Federal special education law (I.D.E.A., Section 504 of the
Rehabilitation Act of 1973) require that additional provisions be made for students with
disabilities. The following are these
additional requirements:
1. The IEP and/or 504 Plan for each student with a disability special education needs will
indicate if the student’s
disability requires a modification of the discipline code.
2. The Principal must notify the Administrator of Special Education in writing within one
school working day of the suspendable offense of any student with special needs whose
IEP/ 504 Plan does not reflect the need for modifications of the regular education
discipline code.
A record must be kept of such notices.
3. Free and Appropriate Public Education (FAPE): Marshfield Public Schools is
responsible for providing FAPE to all of its students. A student with special needs may
not be suspended for more than ten (10) school days, either consecutively or cumulatively,
in a school year without receiving services that enable the student to continue to receive
FAPE while excluded from school. Note that, effective July 1, 2014, all regular
education students are also entitled to educational services when excluded for more
than ten (10) school days, either consecutively or cumulatively. However, given the
unique needs of students with disabilities, the Administrator of Special Education must be
notified immediately when eligible students have reached or are near reaching their tenth
day of suspension during a school year.
For example, If an eligible student is on day 8 of
suspension, a TEAM meeting should be held to review the IEP and make adjustments if
necessary. A Functional Behavioral Assessment should be completed prior to the TEAM
meeting to allow the TEAM to develop a Behavior Intervention Plan.
4. Functional Behavioral Assessment (FBA)/Behavioral Intervention Plan (BIP): A
FBA must be completed ten business days after the removal that will result in the 11th
day of suspension for a student with disabilities; the BIP must be completed as soon as is
possible following the FBA.
Good practice allows for the completion of the FBA prior to the tenth day of suspension.
TEAMs should consider completing an FBA on or about the 8th day of suspension. After
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completion of the FBA, a TEAM meeting is held to review the FBA, discuss any pertinent
changes to the student’s IEP / 504 Plan, and develop a behavioral intervention plan. The
goal of a Functional Behavioral Assessment is to understand why a student is behaving in
such a manner. What does the TEAM feel is the function of the behavior? What
behaviors could be chosen to try and redirect the student? The Behavioral Intervention
Plan should include instructions on how to substitute problem behavior with replacement
behavior. Please use the district form when completing FBAs and BIPs.
5. Manifestation Determination: Within 10 school days of the decision to change an eligible
student’s placement (defined as the decision to suspend the student beyond 10 days,
consecutively or cumulatively, in one school year), a TEAM meeting must be called to
determine if the misconduct leading to the suspension was caused by or related to the
student’s disability. Whenever possible, the Administrator of Special Education should
attend these Manifestation Determination meetings. During these meetings, the Team
must review all relevant information in the student's file, including the student's IEP/ 504
Plan, recent relevant evaluations, any teacher observations, and any relevant information
provided by the parents. In order to determine whether the misconduct was a manifestaion
of the student’s disability, the TEAM must answer BOTH of the following questions:
Was the conduct in question caused by, or did it have a direct and substantial
relationship to, the student's disability?
Was the conduct in question the direct result of the school's failure to implement the
student’s IEP/ 504 Plan?
If the answer to either of the above questions is “Yes,” than the misconduct must be found
to be a manifestation of the student’s disability. If the misconduct is a manifestation of the
student’s disability, the TEAM can consider changing the IEP and/or the behavioral
intervention plan. If the misconduct was a result of the school’s failure to implement the
IEP/ 504 Plan, that failure must be remedied immediately. All other discipline stops, and
the student must be returned to their program/ placement.
If the misconduct is not a manifestation of the child’s disability, the regular discipline
process is followed. However, as noted above, FAPE services must be provided to students
with special education needs while they are excluded from school. Therefore, after the
Principal completes the discipline process, the TEAM must meet to determine the
appropriate services and determine where those services will be provided.
After a manifestation determination meeting, the results of the Team’s determination must
be provided to parents/guardians in writing along with a copy of the Parent’s Rights
Brochure informing the parents of their due process rights under special education
regulations. As needed, training in the manifestation determination process will be
provided to TEAMs by the Administrator of Special Education. There is a written “script”
available to follow when doing manifestation determination meetings. If a lawyer is
present representing the child and family, do not hold the manifestation determination
meeting until a school attorney can also be present. While the school department must hold
the determination in a timely fashion, we are at the same time entitled to have legal
representation if a student and his/her family have representation. Contact the
Administrator of Special Education immediately should these or other circumstances
develop (See Appendix for Manifestation Determination).
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IDEA 2004
1. Establishes a new standard for manifestation determinations:
Within 10 school days of any decision to change the placement of a
child with a disability because of a violation of a code of student
conduct, the local educational agency (LEA), parent and relevant
members of the Individualized Education Program (IEP) team (as
determined by the parent and LEA) shall review all relevant
information in the student's file, including the child's IEP, any
teacher observations and any relevant information provided by the
parents to determine if conduct was: Caused by, or was in direct
and substantial relationship to, the child's disability; or A direct
result of the LEA's failure to implement the IEP. [615(k)(1)(E)(i)]
2. Adds a new provision when there is a determination that a behavior
was a manifestation of the disability:
If the LEA, parent and relevant members of the IEP team determine
that the conduct was a manifestation of the child’s disability, the
IEP team shall:
Conduct a functional behavioral assessment and implement a
behavioral intervention plan for the child; or
If a behavioral intervention plan has been developed, review the
existing plan and modify it as necessary to address the behavior.
If the behavior is a manifestation of the child’s disability, the child
is returned to the placement from which he or she was removed,
unless the parent and LEA agree otherwise. [615(k)(1)(F)]
3. Establishes a new standard for special circumstances:
A school is permitted to remove a child with a disability to an
alternative educational setting for not more than 45 school days
without regard to whether the behavior is determined to be a
manifestation of the child’s disability, in cases where a child:
Carries or possesses a weapon to or at school, on school premises, or
to or at a school function under jurisdiction of a state educational
agency (SEA) or LEA;
Knowingly possesses or uses illegal drugs, or sells or solicits the sale
of a controlled substance, while at school, on school premises, or at
a school function under the jurisdiction of an SEA or LEA; or
Has inflicted serious bodily injury upon another person while at
school, on school premises, or at a school function under the
jurisdiction of an SEA or LEA. [615(k)(1)(G)]
4. Adds a new definition:
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Serious Bodily Injury: defined in USC 1365(g) to mean a bodily
injury that involves a substantial risk of death; extreme physical
pain; protracted and obvious disfigurement; or protracted loss or
impairment of the function of a bodily member, organ or faculty.
[615(k)(7)(D)]
5. Authority of the Hearing Officer:
In making the determination under Section 615(k)(3)(B)(i), the
hearing officer may order a change in placement of a child with a
disability in such situations, the hearing officer may return a child
with a disability to the placement from which the child was removed
or order a change in placement of a child with a disability to an
appropriate interim alternative educational setting for not more than
45 school days if the hearing officer determines that maintaining the
current placement of such child is substantially likely to result in
injury to the child or to others. [615(k)(3)(B)(ii)]
6. Placement during appeal:.
When an appeal under Section 615(k)(3) has been requested by
either the parent or the LEA, the child shall remain in the interim
alternative educational setting pending the decision of the hearing
officer, or until the expiration of the time period provided for in
Section 615(k)(1)(C), whichever occurs first, unless the parent and
the SEA or LEA agree otherwise. [615(k)(4)(A)]
7. Establishes a timeline for expedited hearings for placement during
appeals:
The SEA or LEA shall arrange for an expedited hearing, which
shall occur within 20 school days of the date the hearing is
requested, and shall result in a determination within 10 school days
after the hearing. [615(k)(4)(B)]
8. Revises the standard for a basis of knowledge for children not yet
eligible for special education and related services:
An LEA is deemed to have knowledge that a child is a child with a
disability if, before the behavior that precipitated the disciplinary
action occurred,
a: Parent expressed concern in writing to an administrator or a
teacher;
b: Parent of the child has requested an evaluation of the child
pursuant to Section 614(a)(1)(B);
c: or Teacher or other school or LEA personnel expressed specific
concerns about a pattern of behavior demonstrated to an
administrator.[615(k)(5)(B)]
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9. 45 day limit:
The 45 calendar day limit on the removal for these offenses has
been changed to 45 school days, which is significantly longer [now 9
instead of 6 weeks of school] at a critical time when students with
disabilities are being held accountable for meeting high state
standards.
10. Adds new authority for school personnel:
School personnel may consider any unique circumstances on a
case-by-case basis when deciding to order a change in placement for
a child with a disability who violates a student conduct code.
[615(k)(1)(A)]
11. “Stay-put” Provision”: Parents may request a due
process hearing, which invokes “stay-put”, freezing the placement
during the period of time it takes to have an expedited hearing with the
BSEA.
Consideration of Vocational Educational Services for Students with
Disabilities
According to Massachusetts Law, each school must ensure that students with disabilities have
available to them “a variety of educational programs and services available to non-disabled
students, including art, music, industrial arts, consumer and homemaking education and
vocational education.” When considering the vocational needs of a student with special
educational needs, a TEAM must be aware that:
Vocational education is not exclusively the responsibility of vocational schools.
IEPs for students with disabilities must address vocational education needs and services
based solely on the needs and interests of the student.
IEP TEAMs do not have the authority to make placements in vocational schools.
Public schools must address needs related to vocational preparation or experience.
Vocational schools must provide appropriate education and special education services.
When a student is found to be in need of vocational services, the TEAM Liaison should work
with the Guidance Counselor in charge of vocational services as well asAdministrator of
Special Education to procure the appropriate services. Such services can be found through other
public school programs, agencies such as Department of Development Services (DDS),
Massachusetts Rehabilitation Commission (MASS REHAB), Massachusetts Commissions for
the Blind and/or Deaf, Road to Responsibility, New England Villages, local Vocational Schools,
local Community Colleges, the Arc of Greater Plymouth and other such agencies.
Transition from School to Adult Life
Success in adult life is a goal we have for all students. Depending on the disability and the
support services required in adult life, successful transition from high school to adult life may
require that planning activities begin in elementary school with students exploring their interests
in middle school.
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Transition Services – begin at age 14 or earlier and update annually
Recognizing the need for students with disabilities to engage in transition planning, the
Individuals with Disabilities Education Act (IDEA) requires that transition planning be part of
the Individualized Education Program (IEP). In Massachusetts, beginning at age 14 (or sooner),
students with disabilities are entitled to transition services and measurable postsecondary goals.
Starting at age 14 (if not earlier), students must be invited to all educational
meetings and be allowed to participate actively when transition planning is discussed. Transition
needs must be stated on the IEP.
IDEA 2004- Mandated Transition Planning Form-DESE
Transition information in IEP:
The amendments clarify that the transition process for a student
with a disability now begins at age 14 and is not merely a plan for
transition. Parents should request that the student's IEP, when
appropriate, include a statement of inter-agency responsibilities and
any needed linkages since this language is no longer in the statute.
Linkages to Post School Options – provide transition services by age 14 or earlier and update
Annually ;By age 14, the IEPs of all students must include a post-secondary school vision
statement as well as identify the transition services necessary to support that vision. IDEA
defines transition services as “a coordinated set of activities for a student, designed within an
outcome-orientated process, that promotes movement from school to post-school activities,
including post-secondary education, vocational training, integrated employment (including
supported employment), continuing and adult education, adult services, independent living, or
community participation. The coordinated set of activities shall be based upon the individual
student’s preferences and Interests, and shall include instruction, community experiences, the
development of employment and other post-school adult living objectives and, when appropriate,
acquisition of daily living skills and functional vocational evaluation.” The transition services
must be stated on the IEP. The DESE Transition Planning Form is required for all students age
14 and older. This is a mandated form, districts must use this form to document that transition
planning has occurred. Transition plans must be completed for every secondary student in need
of special education and are added to the special education file with annual review and updating.
Age of Majority – transfer of parental rights to student at age 18
In Massachusetts, regardless of the severity of their disability, students are considered adults and
competent to make their own decisions at age 18 (Age of Majority). Unless there is a court
appointed guardian or the student has chosen to share decision making with his or her parent, the
school district must seek the consent of the student to continue the special education program If the student chooses to share or delegate decision-making with his or her parent(s), that choice
must be documented and witnessed by representatives of the school district. The student may
revoke sharing or delegation of decision-making at any time. If any disagreement arises related to
special education decision-making, the choice of the adult student shall prevail
Students at age 18 have the right to make their own educational and medical decisions and must
sign all consent forms. Parents and students must be notified about the transfer of parental rights
to the student at least 1 year before the student turns 18 years of age. Please document the status
of each student on the IEP as well as on the district Age of Majority form, collecting the required
signatures. For students who have been assigned a legal guardian, please add a copy of the court
document to the student’s file.
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Interagency Collaboration – develop supports and services necessary for adult life
The adult service system is complex and understanding it is essential for effective transition
planning. When students with disabilities graduate from school or turn 22 years of age, they
move from an entitlement to a non-entitlement system. While in school, students receive
services and supports mandated by federal and state law. As adults, while they may be eligible
for service from adult service agencies, these services are not an entitlement, which means they
are subject to the availability and funding of services. Consequently, it is essential that
educators, parents and students understand the adult service system years before adult services
need to be accessed.
Adult Services – make Chapter 688 Referrals and general referrals
For students with severe disabilities, a Chapter 688 referral should be made to ensure that
students who will require ongoing supports and services from one or more public agencies are
part of the eligibility process for receiving services and supports as adults. For other students
who require fewer supports and services and may not meet the eligibility requirements for
Chapter 688, a general referral for services can be made to adult service agencies. Once agencies
are identified, representatives should be invited to TEAM meetings in an effort to plan and
develop adult service plans.
Assignment of a Special Education Surrogate Parent
In accordance with special education regulations, the school committee is responsible for
notifying the State Division of Special Education in writing when parents’ whereabouts are
unknown or if the child is in the custody of a state agency and parents do not have educational
decision-making rights. Using the state’s “Special Education Surrogate
Parent Program” Student Referral Form , a request can be made for assignment of a
special education surrogate parent. . When the student is in custody of the Department of
Children and Families (DCF), DCF may also make a referral for a special education surrogate
parent to be appointed. Once assignment is received, the educational advocate should be invited
to all TEAM meetings for the student. A special education surrogate parent has the same rights
and responsibilities as a parent for purposes of special education decision-making. This means
that the special education surrogate parent has authority to, among other things, review the child's
educational records, consent to special education evaluation, accept or reject an Individualized
Education Program (IEP), request an independent evaluation and request mediation or a hearing
to resolve special education disputes.
Progress Reports
IDEA 2004
IEP progress reports: The progress the child is making toward meeting the
annual goals must be reported, but there is no longer a reference to "the
extent to which the progress is sufficient to attain the goal by the end of
the year." This information seems especially important to parents and
teachers if there is a shared commitment to help all children learn to high
standards set for all. Parents may see progress all year only to realize in
June that the progress was not sufficient to meet the goal.
Progress reports are sent home as often as regular education report cards. It is the liaisons
responsibility to send home progress reports of all service deliverers. It is the responsibility of
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service deliverers to give the progress reports to the liaisons in a timely fashion. Progress reports
are to contain a narrative statement of the student’s meaningful progress toward meeting the
stated goal. A statement about the student’s ability to meet the goal within the stated IEP
period must be included. If a child will not meet the goal, a TEAM meeting must be called
and the TEAM should consider adjustments to the IEP to assist the child in making
meaningful progress. Complete, well-written progress reports assist students, parents/guardians
and staff in the determination of effective progress. Copies of progress reports should be
maintained in the student’s special education files.
Defining and Measuring Effective Progress
A. Defining Effective Progress
In accordance with Mass. Dept. of Education Eligibility Guidelines for Special Education, it is
important that the TEAM understanding what the disability is and how it manifests itself in a
student’s school performance. “To progress effectively in regular education” is the standard by
which the TEAM is expected to judge whether or not a disability is affecting the student’s
educational performance. DESE defines “progressing effectively” in general terms, recognizing
that student development and growth encompasses many knowledge and skill areas. Generally,
“progressing effectively” is to make documented growth in the acquisition of knowledge and
skills, including social/emotional development, within regular education according to
chronological age and the individual educational potential of the child (For the purpose of this
definition, regular education includes early childhood, preschool, academic, non-academic, and
vocational programs and activities).
The TEAM members must use all assessment data, their knowledge of the child and the school’s
curriculum to determine whether or not the identical handicap will be an impairment to the
student’s performance.
B. Measuring Effective Progress
The Marshfield Public Schools has a wide assortment of assessment criteria that may be used to
determine whether a child is making effective progress or not. No one single measure should be
used to make this determination. The following list identifies the most common means available
to measure effective progress:
- Portfolio assessments - Baseline data collection
- Quarterly grades - Progress reports
- Psycho-educational assessments -Pre-and post-academic testing
- Initial and reevaluation data - Ongoing written observations
- Daily/weekly student logs - Observations by staff
- Homework completion -Feedback from students
- Feedback from parents - Development checklists
- Disciplinary assessments - Student journals
Extended School Year Programs (ESY)
Extended school year programs are described under state and federal special education
Requirements. All children “regress”–– lose progress, forget, revert to previous
behavior— to some extent between school years. It must be determined whether a child’s
regression would likely be substantial, and whether the child would require a greater than usual
time to “recoup” – to get back to the level the child had achieved before a break in service.
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At least once annually the child’s TEAM must consider the need for an extended school year
program and record its determination in the IEP. The child’s TEAM should not put off a
determination to offer ESY programming until the end of a break in service (i.e., summer
vacation). The TEAM must consider the need for such services prior to the beginning of the
break in service by anticipating whether substantial regression and problems with re-coupment
will occur in the absence of ESY services. For children who qualify, ESY programs should be a
continuation of the education benefits that accrue to a child during the regular school year and
should be consistent with the child’s IEP goals and objectives addressed throughout the regular
school year. These services will be provided at no cost to the child’s parent.
Per Massachusetts regulations, camping or recreation programs provided solely for recreational
purposes and with no corresponding IEP goals or specially designed instruction shall not be
considered for extended year programs.
A child’s difficulties with “re-coupment” can be considered to be an aspect of “significant
regression”. Specifically, significant regression and re-coupment consist of the following inter-
related elements:
(1) The loss of performance levels that were attained before a break in service.
(2) The child’s limited learning rate, which lengthens the amount of time the child requires
to review and/or relearn previously attained objectives.
(3) The fact that the time for that child to accomplish such re-coupment is greater than the
period of time the school district allows all other children for review and/or relearning.
Any decision regarding needed ESY programming must take into account the child’s history of
significant regression and limited re-coupment capability. In other words, a child’s TEAM must
look backward and forward when considering the need for ESY programming.
In addition to significant regression and/or limited re-coupment, the TEAM should consider:
The degree of the child’s impairment.
The parents’ ability to provide structure at home.
The child’s rate of progress.
The child’s specific behavior and/or physical problems.
The availability of alternative resources.
The child’s ability to interact with non-special needs children.
The specific curriculum areas in which the child needs continuing attention.
The vocational needs of the child.
Whether the service requested is “extraordinary” rather than usual in consideration of the
child’s condition.
Only when all factors are considered together by the child’s TEAM can a determination be made
as to how much service, if any, will be offered.
When there is no previous record of a child’s substantial regression after a significant break in
service, a TEAM should still consider the need for an ESY program if the following
circumstances are present:
There is a lack of progress in meeting short-term objectives over two marking periods,
resulting in little or no progress made over the school year, and/or
There are significant regression/re-coupment problems over short-term vacation periods
or other breaks in the school year.
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ESY programs may include special education and/or related services and must be specified on
the IEP. Since ESY services are proposed in order to avoid substantial regression, the portion of
the child’s IEP for ESY services may differ somewhat from the portion of the IEP that governs
the provision of services for the regular school year. The U. S. Department of Education, Office
of Special Education Programs, has indicated:
It is reasonable for an extended school year IEP to concentrate on: (1) the areas in which
the child may experience regression, or (2) skills or programs that are not academic but are
needed so that regression does not occur in academics.
As in regular school year placements, the principles of Least Restrictive Environment (LRE)
apply to the provisions of ESY services.
If the TEAM makes a determination that a child needs ESY, the Chairperson is responsible for
notifying the Administrator of Special Education no later than ten days from the meeting date,
with the request for specific services. The request should be in writing with a copy of the ESY
services defined on the new IEP grid page. Except for emergency situations, all ESY requests
should be provided to the Administrator of Special Education no later than March 1 of the school
year.
STUDENTS WITH ASD CONSIDERATIONS:
Verbal and nonverbal communication needs of the student.
The need to develop social interactions skills and proficiencies.
Needs resulting from unusual response to sensory experiences.
Needs resulting from resistance to environmental change or change in daily routines
Needs resulting from stereotyped movements and engagement in repetitive activitiers
Need for any positive behavioral interventions, strategies, and supports to address any
behavioral difficulties resulting from ASD.
Other needs resulting from the child’s disability that impact progress in the general
curriculum, including social emotional development.
Private/Parochial/Other School Students
These procedures shall in no way inhibit children who are attending private or parochial schools
from receiving special needs services. It is incumbent upon school Principals to direct requests
for these services to the special education TEAM. All referrals follow the same process as for
students attending our schools. The TEAM will determine eligibility and services will be offered
as if the child were attending one of the district schools. A representative from the private
school, preferably the child’s teacher shall be invited to the TEAM meeting. Services can be
offered in a variety of ways from the child attending a district school for direct services to
consultative services to the family, child or private school staff. The Marshfield Public Schools
shall offer, on an annual basis, the opportunity for representatives from the private schools to
meet to discuss the provision of services. A plan will be developed with this input. In place of
an IEP, a service plan will be offered to students requiring such. All students attending private
schools are to be tracked for provision of services, annual reviews and three-year evaluations by
the Marshfield Public Schools assigned Liaison. All meetings and regulations apply as far as
timelines etc. Please refer questions to the Administrator of Special Education.
MPSD District Procedures for Private Schools at Private Expense
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Private schools at private expense. Nothing limits the rights of parents to have their
children educated at private schools, completely at private expense. To the extent that
public school districts provide and pay for special education services for eligible students
enrolled in private schools at private expense, the following requirements shall apply:
Each school district shall provide special education designed to meet the needs of
eligible students who are attending private schools at private expense and whose
parents reside in the jurisdiction of the school district. The school district shall
provide to such students genuine opportunities to participate in the public school
special education program consistent with state constitutional limitations. Special
education services and/or related services for a private school child whose parents
reside in the district are comparable in quality, scope, and opportunity for
participation to those provided to public school children with needs of equal
importance.
The school district shall provide or arrange for the provision of evaluation
services and an IEP for any eligible private school student whose parent resides in
the jurisdiction of the school district. The evaluation may take place in the public
school, the private school, or an appropriate contracted facility, provided that the
school district shall ensure that a representative of the student's private school is
invited to participate as a member of the Team pursuant to 603 CMR 28.05.
An expedited special education evaluation, which is limited to a child´s physician
statement unless there is a clear indication of the need or unless the parents
request additional evaluation, is conducted and services provided to eligible
students whose parents reside in the district within 15 calendar days of the
district´s receipt of the child´s physician statement.
The school district shall provide or arrange for the provision of the special
education described by the student's IEP provided that school districts shall ensure
that special education services funded with state or local funds are provided in a
public school facility or other public or neutral site. When services are provided
using only federal funds, services may be provided on private school grounds.
The district shall ensure that a representative the student's private school, as well
as parent and student (if age appropriate) participate at the Team meeting at a
mutually agreed upon time or if necessary by conference call.
The district may contract with the public school district where the private school is
located to provide services to the student. The district where the private school is
located also may be able to help you identify local service providers (individuals,
community agencies, or other organizations) and neutral sites where services can
be provided in that community.
Special education provided by the school district to a private school student shall
be comparable in quality, scope, and opportunity for participation to that provided
to public school students with needs of equal importance. Programs in which both
public and private school students participate may not include classes that are
separated on the basis of school enrollment or the religious affiliation of the
students.
The district does not withdraw or withhold services from a child whose parents
reside in the district solely because the district has met the spending requirements
of federal law.
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If there is disagreement between the district and the private school officials the
district will provide a written explanation of the reasons why it chooses not to
adopt the recommendations of the private school officials.
Parents will receive a copy of Procedural Safeguards noting they have the right to
appeal any school district decision.
The district will calculate the proportionate share of Federal Special Education
Entitlement funds (Fund Code 240) required to be spent on eligible private school
students (including all eligible students attending private school in the district
whether their parents reside in the district, in another Massachusetts district, or
out of state) and documents the spending of at least this amount of federal
entitlement funds (Fund Code 240) on one or more of the eligible private school
students attending private school in the district whose parents reside in the
district or out of state.
The school district cannot include the costs of conducting child find activities and
evaluating students in determining whether the district has met its proportionate
share obligations under federal law. 34 CFR § 300.131(d). However, the cost of
transportation may be included in calculating whether the district has met the
proportionate share obligation.
IDEA 2004
Transfers between school districts:
Services comparable to those described in the IEP in effect before a child's
transfer must be provided by the new school district. These services must
continue until the previous IEP is adopted, or a new IEP is developed,
adopted and implemented, in the case of a transfer in the same state or
until a new IEP is developed, in the case of a transfer outside the state.
This new provision will help parents of transferring students know what
they can expect from their new schools.
MCAS Participation
All students registered in the Marshfield Public Schools are required to participate in MCAS
testing as well as other district and federal required testing. This includes students identified
with special educational needs. There are no exemptions or waivers. For students with
individual education plans, the special education TEAM will determine how the child will take
the MCAS, the accommodations that may be necessary to take the MCAS or in very few cases
whether an alternate assessment is necessary. All decisions will be recorded on the student IEP
in the proper places. Standard and non-standard accommodations may be used as they relate to
the instruction the child receives in the regular classroom and so noted on the student IEP. Prior
to the administration of the MCAS, the TEAM Chairperson/Liaison shall notify the school
administration of the accommodations needed for students. The Administrator shall insure that
the accommodations are provided. All scores shall be reported to parents/guardians in the same
manner as for other students.
For students attending Out of District placements at collaborative, private or other placements at
public expense, the student shall take the MCAS at the placement under the requirements
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identified on the IEP. The Out of District placement shall indicate that the child’s district is
Marshfield Public Schools in an effort to insure that the scores are reported to the Marshfield
Public Schools District. All scores shall be reported to the parents/guardians in the same manner
as other students.
Upon receipt of MCAS scores and data, the special education staff shall analyze student
strengths and weaknesses in relation to the student’s access to the general curriculum, special
education needs and future IEP goals and objectives for inclusion in the IEP. Additionally,
special education students in need of assistance in passing the MCAS will be referred to and
encouraged to attend district MCAS after school, summer and school day support programs. All
data analysis will be recorded on the district MCAS analysis form, filled in the student special
education file and used as a guide to develop specific skill improvement goals in the IEP.
Description of Services Provided to Limited English Proficient Students
(SPED)
Students with limited English proficiency should be monitored closely through regular
education. If a teacher has a particular concern, the child should be referred to the STAT/RTI
TEAM for assistance. The STAT/RTI TEAM will make recommendations for meeting the
child’s needs in regular education. If interventions appear to not assist the child in making
progress, the STAT/RTI TEAM should determine if a referral for a special education evaluation
is warranted. If the child is referred for evaluation, all assessments should be completed in the
child’s native language. The TEAM may contact other school districts such as Brockton, Fall
River, Lawrence, Lowell, etc., or agencies such as ARC of Greater Plymouth, Department of
Mental Retardation, Massachusetts Rehabilitation Commission, Massachusetts Commission for
the Deaf/Hard of Hearing or hospitals such as Children’s Hospital or Mass General Hospital,
both located in Boston, for referrals to Psychologists who test in various languages. (See
Appendix for Referral for Limited English Proficiency Students).
Use of Email: Guidelines
Email is a convenient tool offering quick communication for staff, students, administrators and
parents. Email is considered written documentation and when related to a student, may
become part of the student record. Internal email about students, setting up meetings,
reviewing homework assignments, etc., between staff and/or administrators is included in this
ruling. All email related to students should be printed and placed in the student record. It is
extremely important to use email appropriately and in adherence with district policy. When
emailing, please refer to facts and avoid conclusions and judgments outside of the TEAM
meeting process. Parental requests should always follow appropriate processes as well as chain
of command policies of the Marshfield Public Schools. Appropriate use of email can enhance
communication; inappropriate use can hinder us from our goals and mission and cause extensive
communication difficulties. If at any time you have a particular concern about the use of email or
response to email you have received, ask your building Principal or the Administrator of Special
Education for assistance.
Graduation
Graduation from school is considered a change in placement. Local school and state officials
(NOT courts, hearing officers, or TEAMs) set the academic standards for award of a regular high
school diploma. In the Marshfield Public Schools, meeting locally established graduation
requirements and passing the required statewide assessment (MCAS) constitutes graduation.
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In regard to graduation, the district is required to provide prior written notice to parents/students
with disabilities of graduation and the corresponding termination of services. Such notice must
include:
(1) A description of the action proposed or refused by the agency;
(2) An explanation of why the agency proposes or refuses to take the action;
(3) A description of any other options that the agency considered and the reasons
why those options were rejected;
(4) A description of each evaluation procedure, test, record or report the agency used
as a basis for the proposed or refused action;
(5) A description of any other factors that are relevant to the agency’s proposal or
Refusal;
(6) A statement that the parents of a child with a disability have protection under the
procedural safeguards and if this notice is not an initial referral for
evaluation; The means by which a copy of safeguards can be obtained;
(7) Sources for parents to contact to obtain assistance in understanding the provision
of this part.
IDEA 2004
SUMMARY OF PERFORMANCE (SOP) (See Appendix for district form)
Instructions
Purpose: The Summary of Performance (SOP) is required under the
reauthorization of the Individuals with Disabilities Education
Improvement Act of 2004 (IDEIA 2004). The language as
stated in IDEIA 2004 regarding the SOP is as follows:
“For a child whose eligibility under special education
terminates due to graduation with a regular, or due to
exceeding the age of eligibility, the local education agency
shall provide the child with a summary of the child’s
academic achievement and functional performance, which
shall include recommendations on how to assist the child in
meeting the child’s postsecondary goals”.
The Summary of Performance, with the accompanying
documentation, is also critical as a student transitions from
high school to higher education, training and/or employment.
This information is necessary under Section 504 of the
Rehabilitation Act and the Americans with Disabilities Act to
establish a student’s eligibility for reasonable
accommodations and supports in postsecondary settings. It is
also useful for the Vocational Rehabilitation Comprehensive
Assessment process.
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The SOP is most useful when linked with the IEP process and
the student has the opportunity to actively participate in the
development of this document.
The SOP must be completed during the final year of a
student’s high school education. The timing of completion of
the SOP may vary depending on the student’s postsecondary
goals. If a student is transitioning to higher education, the
SOP, with additional documentation, may be necessary as the
student applies to a college or university. Likewise, this
information may be necessary as a student applies for services
from state agencies such as vocational rehabilitation. In some
instances, it may be most appropriate to wait until the spring
of a student’s final year to provide an agency or employer the
most updated information on the performance of the student.
Part 1: Student Demographics – Complete this section as specified.
Please note this section also requests that you provide copies
of the most recent formal and informal assessment reports
that document the student’s disability and provides
information to assist in post-high school planning.
Part 2: Student’s Postsecondary Goal – This goal should indicate the
post-school environment the student intends to transition to
upon completion of their high school education.
Part 3: Summary of Performance – This section includes three
critical areas of student performance: Academic, Cognitive
and Functional levels of performance. Next to each specified
area, please complete the student’s present level of
performance and the accommodations, modifications and
assistive technology that were essential in high school to assist
the student in achieving maximum progress. If not applicable,
please note.
An Accommodation is defined as a support or service that is
provided to help a student fully access the general education
curriculum or subject matter. Students with impaired spelling
or handwriting skills, for example, may be accommodated by
a note-taker or permission to take class notes on a laptop
computer. An accommodation DESEs not change the content
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of what is being taught or the expectation that the student
meet a performance standard applied for all students. A
Modification is defined as a change to the general education
curriculum or other material being taught, which changes the
standards or expectations for students with disabilities.
Teaching strategies, for example, can be modified so that the
material is presented differently and/or the expectations of
what the student will master are changed. Modifications are
made formally through the IEP process. Assistive Technology
is defined as any device that helps a student with a disability
function in a given environment, but DESEs not limit the
device to expensive or “high-tech” options. Assistive
technology can also include simple devices such as laminated
pictures for communication, removable highlighter tapes,
velcro and other “low-tech” devices.
Part 4: Recommendations to assist student in meeting post secondary
goals – This section should describe any essential
accommodations, modifications, assistive technology or
general areas of need that students will require to be
successful in a post-high school environment, including
higher education, training, employment, independent living
and/or community participation.
Part 5: Student Input (Highly Recommended). It is highly
recommended that the student provide information related to
this Summary of Performance. The student’s contribution
can help (a) secondary professionals complete the summary,
(b) the student to better understand the impact of his/her
disability on academic and functional performance in the
postsecondary setting, and (c) postsecondary personnel to
more clearly understand the impact of the disability on this
student. This section may be filled out independently by the
student or completed with the student through an interview.
At least once per school year parents/guardians will be provided
a copy of the Procedural Safeguards Brochure.
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Procedures for Considerations for Students with a Disability
on the Autism Spectrum Whenever an evaluation indicates that a child has a disability on the autism
spectrum, which includes autistic disorder [autism], The Evaluation TEAM shall
consider and shall specifically address the following:
H. the verbal and nonverbal communication needs of the child;
I. the need to develop social interaction skills and proficiencies;
J. the needs resulting from the child's unusual responses to sensory
experiences;
K. the needs resulting from resistance to environmental change or
change in daily routines;
L. the needs resulting from engagement in repetitive activities and
stereotyped movements;
M. the need for any positive behavioral interventions, strategies, and
supports to address any behavioral difficulties resulting from autism
spectrum disorder;
N. Other needs resulting from the child's disability that impact
progress in the general curriculum, including social and emotional
development
The verbal and nonverbal communication needs of the student
Impairment in communication is one of the defining characteristics of Autism Spectrum
Disorder (ASD); therefore communication skill development should be addressed as an
essential piece of the student's IEP. When considering the verbal and nonverbal
communication needs of a student with ASD, the Team should review:
the student's current level of communication,
the system of communication most effective for the student,
the functions for which the student uses and understands language,
the student's ability to use and understand non-verbal communication (e.g.,
eye gaze, facial expression, gesture), and any emerging communication skills
reported by the family or other TEAM members.
The IEP must include information about the student's current strengths with
communication modalities, skills that need further development and the specific supports
and interventions necessary to increase the student's ability to effectively communicate
and understand others. Alternative augmentative communication (AAC) is often effective
for students with ASD who are non-verbal. AAC can be used in lieu of, or in combination
with, oral communication. There are many products on the market that support AAC
including picture communication products, book boards, and touch devices. Assistive
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technology assessments are useful for determining whether a student would benefit from
using an AAC system. When evaluating a student with ASD, the instrument must be
appropriate to the student's modality of communication (e.g., using non-verbal scales for
students who do not use oral communication).
The need to develop social interaction skills and proficiencies
In the most severe expression of qualitative impairments in this area, a student with ASD
may seem distant or avoidant when it comes to social interactions, even those with
immediate family members. In the least severe cases, s/he may appear to frequently
misunderstand the social situation and/or be unable to maintain a conversation on a
subject other than his/her high interest topics. A young student with ASD may have a
lack of variation in spontaneous or social imitative play, or may have unusual play with
toys (e.g. lining up video cases end to end). When examining a student with ASD needs
in the area of social skill development, the Team should consider:
the student's ability to respond appropriately to the social approach of
others,
the types of social interactions the student is capable of initiating,
the student's pragmatic language skills, and
Anecdotal information about the student's abilities within small and large
group settings and in typical activities for students of that age.
For students with ASD, social interaction skills are largely associated with the ability to
communicate within a situation. The IEP Team should determine if a social impairment is
the result of a language deficit. Impairments in social interaction may be mistaken for
behavior problems in students with ASD. A functional assessment is useful for
identifying factors that affect the student's social proficiencies. Where behavior plans are
warranted, they should include the teaching of new social skills to prevent the occurrence
of inappropriate behaviors serving a similar function.
Progress in social skill development is a likely focus within the IEP of every student with
ASD. Social skills instruction should be at the student's skill level and appropriate for
his/her age (e.g., "pull out" instruction in high school may be stigmatizing to the student).
Collecting and analyzing data on the student's social proficiencies will assist in the
development of his/her IEP goals.
The needs resulting from the student's unusual responses to sensory experiences
The IEP Team should consider whether a student with ASD exhibits under- or over-
sensitivity to particular stimuli. The following questions may be helpful in addressing this
area:
Tactile: Does the student with ASD demonstrate a lack of awareness to his/her body in space, and/or a need for a higher level of input in tactile
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experiences? For example, does s/he "crash" into the playground fence
during a running game or regularly "bump" into peers in line? Conversely,
does s/he become loud and upset when presented with play dough or a
mixed-texture food item, or wear only "tagless" clothing?
Visual: Is the student's eye gaze avoidant of, or fixated on, particular sights? For
instance, is s/he drawn to certain objects, such as a shiny item of clothing,
needing to stare at or touch it? Does s/he avoid looking at a particular
sight, for instance the flickering of a video screen? Or, do certain visual
stimuli excite him/her to increase their movement (e.g., jump or run) or
cause a fear response?
Sound: How does the student with ASD respond to auditory events? Does s/he
have significant responses to sound volume, pitch, tone or intensity that
others may not hear (e.g., the hum of fluorescent lighting)? Does s/he
appear deaf because of a lack of response to loud noises or the calling of
his/her name? Do loud or quiet sounds, echoes, or a particular pitch enthrall
or bother him/her?
Smell/ Taste: Does the student with ASD respond in an atypical fashion to olfactory events or tastes? Does s/he have significant responses to environmental
smells or tastes that interfere with appropriate activities and focus in the
educational environment? Does s/he smell or taste objects in the
environment with unusual frequency or in unusual circumstances? Do certain
smells or tastes upset the student with an ASD or appear to cause him/her
to act in an unusual fashion (e.g. becoming loud or upset when a teacher
wears a certain perfume?)
Proprioceptive: is one of the human senses. There are between nine and 21 in all, depending on which sense researcher you ask. Rather than sensing external reality, proprioception is the sense of the orientation of one's limbs in space. This is distinct from the sense of balance, which derives from the fluids in the inner ear, and is called equilibrioception.
The Team should consider all elements of the student's environment and note any specific
environmental modifications or accommodations that are necessary for participation and
effective progress in the general education curriculum.
The needs resulting from resistance to environmental change or change in daily routines
Students with ASD often have unusual or intense responses to a change in their
environment such as moving the location of a piece of classroom furniture, or a change in
daily routine even when part of a familiar schedule. Preparing for transition with visual
supports, timers and verbal reminders often helps to ease the student’s transition and
promote greater success, flexibility, and independence. Visual supports are evidence-
based strategies for supporting a student with ASD in managing change and transition.
Providing a preview before initiating change in an environment or schedule can support a
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student with ASD to be able to adjust to the change. A visual schedule can teach the
student to rely on written (or pictorial or object schedule) information to manage moving
between activities and it allows the student to anticipate change and rely less on a rigid
memory of the order in which events occur. Even the most capable of students with ASD
would benefit from using a visual schedule to manage the activities of the day, to reduce
anxiety, and allow the student to better focus on the important activities within each day,
rather than on their sequence.
The Team must consider the most successful modality for communicating the coming
change or transition. The IEP Team is encouraged to consider the use of a schedule and
other visual supports when working to address the needs resulting from a student's
resistance to environmental change or change in daily routines, as well as to consider
other evidence-based methods for introducing new content to the student.
The needs resulting from engagement in repetitive activities and stereotyped movements
Students with ASD may exhibit ritualistic behaviors or repetitive phrases in physical
activities and in verbal exchanges. For instance:
Preoccupation with one or more restricted and stereotyped patterns of
interest that is atypical either in intensity or focus (e.g., knowing and
reviewing the schedule of nationwide trains).
Inflexible adherence to specific nonfunctional routines or rituals (e.g.,
repeating all answers 3 times) or a need to follow the same routine or
sequence when completing tasks (e.g., tapping a spoon on the table between
each mouth full of yogurt).
Stereotyped/repetitive motor mannerisms (e.g., hand flapping) or a
persistent preoccupation with parts of objects (e.g., fixating on the wheels
of toy car).
The Team should consider their function and the extent to which these activities interfere
with engagement in other, more appropriate, activities such as socialization or academic
lessons. Informal observation and/or formal daily data collection (for more significant
behaviors) may be used. This information will assist the Team in determining how and
when to allow and/or modify the behavior within a student's day. As appropriate, Teams
should consider using positive behavior supports to encourage participation in learning
and other activities. Depending on the nature of the behavior, practices for addressing
engagement in repetitive activities and stereotyped movements may include:
Modifying an interfering behavior to be more socially acceptable (such as
modifying a behavior of constantly shaking hands to occur only when
introduced to a person).
Teaching the student appropriate" replacement behaviors" that will lead to
more interest or "on task" behavior in academic learning.
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Teaching the student appropriate "replacement behaviors" that will enhance
increased and appropriate participation in social activities with peers.
Providing the student with frequent breaks in the form of motivating and
pleasant sensory activities.
Having sensory therapies take place in the classroom when it is compatible
with the learning activity and does not take away the student's focus from
learning, in order to decrease frequency in high rates of repetitive
movement.
Using special equipment to reduce frequency of movement such as a cushion
for the student to sit on during group reading time in order to decrease
rocking behavior.
Developing curriculum activities around the student's topic of interest and
slowly expanding the student's interest to involve other topics.
Reinforcement strategies should also be considered in order to reduce frequency of
activities or movements and as an accompaniment to replacement behaviors. Data should
be used to determine the reinforcement rate and monitor effectiveness of the intervention
strategy. The plan to address concerns in this area should be described within the
student's IEP.
The need for any positive behavioral interventions, strategies, and supports to address
any behavioral difficulties resulting from autism spectrum disorder;
Because of the complex developmental, learning and adaptive needs of students on the
autism spectrum, they often exhibit behaviors that are challenging in their intensity,
frequency, or interference with engagement in appropriate activities. The IEP Team
should consider and discuss the need for a functional behavioral assessment (FBA) of the
student's behavior(s). The intensity level of the FBA should match that of the presenting
problem behavior. For a behavior that has a relatively clear pattern, an FBA can be
completed by obtaining some simple frequency data and antecedent-behavior-
consequence information. Significant repetitive behaviors (such as hand flapping or
rocking) or self-injurious behaviors warrant a full functional behavioral assessment to
determine the reason for, and function of, the behavior and possible alternatives to it. It is
important to use the assessment data to determine why the behavior is occurring.
Knowing the function that the behavior serves will help the Team determine whether
positive behavior interventions, strategies and supports are necessary, and which
replacement behaviors are appropriate for reducing or eliminating the interfering problem
behavior. The Team should select the least amount of intervention that is likely to be
effective, efficient, and produce the minimum unwanted effects. (e.g., ignore a behavior
rather than issue a "time out").
Other needs resulting from the student's disability that impact progress in the general
curriculum, including social and emotional development
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A student with ASD often exhibits deficits in executive function, the ability to
organize and the ability to generalize learned skills into other
environments/activities or functional routines. The student may have a tendency to
perseverate or over-focus on unimportant features, which may distract him or her
from the learning of the "whole". The IEP TEAM should consider whether there is a
need to provide structure in the student's classroom environment and learning
activities, including but not limited to:
intervention strategies for social skill development (self-advocacy, peer
interaction)
reviewing classroom and individual expectations;
organizational supports (including visual organizers such as color coded
folders and organized environments so that the environment has limited
distraction factors);
previewing information;
direct instruction in order to learn new skills or to generalize learned skills;
and
repeated instruction and practice in multiple environments with a variety of
materials and people, in order to master a single skill.
Considerations for the Team when a Student has been Determined to have an
Autism Spectrum Disorder
Student’s Name: DOB: Grade:
School: Meeting Date:
The following were specifically considered and addressed by the Team as a
part of the eligibility/IEP development/placement meeting for this student:
1. Verbal and non-verbal communication needs, including
the student's current level of communication,
the system of communication most effective for the student,
the functions for which the student uses and understands
language,
the student's ability to use and understand non-verbal
communication (e.g., eye gaze, facial expression, gesture), and
any emerging communication skills reported by the family or other
Team members
2. Development of social interaction skills and proficiencies, including
the student's ability to respond appropriately to the social
approach of others,
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the types of social interactions the student is capable of
initiating,
the student's pragmatic language skills, and
anecdotal information about the student's abilities within small
and large group settings and in typical activities for students of
that age
3. Needs resulting from unusual responses to sensory experiences,
including, tactile, visual, sound, smell/taste, vestibular and
proprioceptive
4. Needs resulting from resistance to change in environment and/or
daily routines
5. Needs resulting from engagement in repetitive activities and
stereotypical movement
6. Need for any positive behavioral interventions, strategies, and
supports to address any behavioral difficulties resulting from AS
7. Other needs resulting from the child’s disability that impact
progress in the general curriculum, including social and emotional
development.
An Act Relative to Bullying in Schools / Section 7 Many of the requirements of this new law are codified in a new statute, M.G.L. c. 71, §
37O. MARSHFIELD Public Schools already has policy and strategies or responding to
bullying and harassment. However there will be much public attention paid to this. In
particular for us in special education is a specific provision of the Act, Section 7, outlined
below.
SECTION 7 Requirements for Students with Disabilities
“For students identified with a disability on the autism spectrum, the IEP
Team must consider and specifically address the skills and proficiencies
needed to avoid and respond to bullying, harassment, or teasing. (See
M.G.L. c. 71B, § 3, as amended by Chapter 92 of the Acts of 2010.)
Whenever the IEP Team evaluation indicates that a student’s disability affects social
skills development, or when the student’s disability makes him or her vulnerable to
bullying, harassment, or teasing, the IEP must address the skills and proficiencies
needed to avoid and respond to bullying, harassment, or teasing.”
Suggestions: Anti Bullying IEP language
When IEP includes a SEB (Social Emotional Behavioral) goal
Should have social skills / social pragmatics / counseling in service delivery
Some ideas to add to a social skills / pragmatics as a benchmark:
o When the student feels vulnerable or victimized, the student is able to
identify a safe adult to report to.
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o The student will access help (identify ‘safe’ staff and the pragmatics
of who, how, when, the student can turn to for help)
o Student will be able to communicate and rehearse a safety plan if
harassed, teased or bullied.'
o 'Student will provide feedback to peers about unwanted attention.’
o The student will distinguish between jokes and teasing
o The student will be able to communicate assertively about unwanted
attention from a peer.
To include, if appropriate, in modification section of PLEP B:
Developmentally appropriate "social stories", visual action plan, rehearsal / practice of a
safety action plan.
A safety plan components include:
Review (emphasize and rehearse) with the student:
1. How to access help (identify ‘safe’ staff and the pragmatics of who, how,
when, the student can turn to for help)
In response to an episode of perceived bullying and / or harassment
A safety plan to include corrective actions should be clarified with the student and parent,
and documented. The components include:
Review (emphasize and rehearse) with the student:
1. How to access help (identify ‘safe’ staff and the pragmatics of who, how,
when, the student can turn to for help)
2. Informing staff that the student may request access to ‘safe’ staff.
In the event of a reported bullying episode:
1. Reconvene team / IEP meeting
2. Consider any indicated changes in the IEP to support the student, to
include options for daily check-ins with staff to determine mood,
perception, experience (gauge the level of anxiety and safety) and
additional counseling if indicated.
3. Review concerns and plan components, emphasize monitoring measures.
Suggested Disclaimer
To include in N 1 and / or IEP Additional Information:
'The team considered the student's level of social skills development and
disability. At this time, the team concluded that the student is not lacking or deficit
in social development and the disability is not likely to make the student more
vulnerable to teasing, harassment and / or bullying.'